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LAW FREE MOVEMENTS OF GOODS - Coggle Diagram

- - - - Social and economic objectives
    - - More choice, lower price
        
        Citizens benefit from services and products at competitive price levels adn can shop online without geographical restrictions.
    - - Passive (negative) integration measures
        
        EU law can prohibit national rules that hinder cross-border trade, because they discriminate against goods or services, etc., from another MS, or because they render market
        access more difficult
      - Active (positive) integration measures
        
        Measures passsed by the Eu to ensure the integration of markets and freedom of economic activity within the MS.
- - - - The free movement of goods is rooted in a Customs Union that covers all trade in goods, leading to the elimination of custom duties, auqntitative restrictions on trade and equivalent measures, and the establishement of a common external tariff
        The Customs Union was intended to eliminate
        customs duties, quantitative restrictions and all measures with equivalent effect. + Create a common customs tariff and a common customs border
        The purpose of the customs union is to ensure the free movement of goods, a basic element of the internal market (art. 26 TFEU)
        Establishment of a common customs tariff and a common customs border for the internal market
        Prohibition, between MS, of customs duties and charges or taxes having an equivalent effect, prohibition of quantitative restrictions and measures having equivalent effect
        
        Prohibition of customs duties and charges having an equivalent effect
        
        Art 28 and 30
        The aplication of art 30 depends upon the effect of the duty or charge, and not on its purpose, in other words, even if a MS states that the customs duty or charge intends to protect the environment, the article 30 is still aplicable, its aplication does not depend on its purpose.
        
        Comission v. Italy
        
        TFEU prohibits not only customs duties, but also charges having an equivalent effect
        
        Prohibition of quantitative restrictions
        and measures having an equivalent effect
        
        Experience has shown that it is possible for states to circumvent the absence of customs barriers by means of commercial rules or practices that put imported products at a disadvantage compared to domestic products
        To remediate to this problem -> art 34
        
        Geddo case
        (Defines quantitative restrictions)
        
        Measures which amount to a total or partial
        restraint of, according to the circumstances, imports, exports or goods in transit.
        The information you provided outlines the broad legal framework used to identify and prohibit non-fiscal barriers to trade under Article 34 TFEU. While customs duties (Article 30) target financial charges, Articles 34 prohibits quantitative restrictions and measures having equivalent effect (MEQRs) to ensure that Member States do not use commercial rules to circumvent the internal mark
        
        Measures Having Equivalent Effect (MEQRs)
        
        Because states could easily replace quotas with other types of restrictive regulations, the Treaty also prohibits MEQRs.
        The directive 70/50, presents all sorts of examples for Measures Equivalent to Quantitative Restrictions, however its the Dassonville case that give the definition
        The removal of discriminatory trade barriers is necessary but not sufficient. There are many rules that do not discriminate between goods dependent upon the country of origin, but which nevertheless create barriers to trade between MS.
        
        Dassonville Case
        (MEQRs similar)
        
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        Principle of mutual recognititon
        (Cassis de Dijon case)
        
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        Distinction hindering provisions/selling arrangements
        (Keck and Mithouard case)
        
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        Harshness on discriminsatory
        
        Thus, import or export licenses are caught by art. 34 TFEU. So are provisions which subject imported goods to requirements not imposed on domestic products.
        Art. 34 prohibits any action by a State that promotes or
        favour domestic products to the detriment of
        competing imports:
        State engages in a campaign to promote the
        purchase of domestic as opposed to imported
        goods (Case C-249/81, Commission v. Ireland)
        
        Exception of these prohibitions
        
        Exceptions consgrated on the 36 of the TFEU, for exemples, public safety in the Casis de Dijon case