Sample Law Essay on Free Movement of Goods and Services

Free Movement of Goods and Services

The important aim of the EU is the formation of one regular market. To accomplish this, different exercises are done, aiming at understanding the free movement of merchandise, persons, services, and capital. Free movement of goods and services oblige a solitary or inner business economy among European Union nations.[1] It has been troublesome situation to characterize the extent of the tenets connected in free movement of products system. Since its origin, the making of the common market, has been the center of the EU’s action. As per the Court: The Treaty, by building a common market and continuously approximating the monetary arrangements of the Member States tries to unite national markets in a solitary business having the attributes of a local business.[2]

The Treaty provisions restrict states from having or making unjustified hindrances to the free movement of products and services.[3] Second, the Treaty gives the ability to the EU to control and to eliminate barriers to free movement made by dissimilar national laws (so‐called positive combination).

Moreover, the Treaty provisions are all introduced on the guideline of “non‐discrimination” or ‘equivalent treatment’.[4] As per the Court, the guideline of equivalent treatment provides that where merchandise or services are, also there must be no direct or indirect segregation; guidelines, which do not discriminate, are in this way legitimate.

The reason behind the Treaty particularly relating to free movement of goods was to eliminate prejudicial provisions and ensure that service providers including healthcare workers, either situated in one state,[5] briefly or forever through a foundation, would delight in the same conditions as the nationals of the state in which they serve. Hence, the Treaty provisions aim at eliminating discrimination in the member states.[6]

 

 

Bibliography

Barnard, Catherine. The substantive law of the EU: the four freedoms. Oxford University Press, 2013.

Craig, P and G de Búrca, EU Law: Text, Cases, and Materials (5th edn, OUP 2011).Chapter 22, ‘Freedom of Establishment and to Provide Services’, pp.788-808: Free movement of services.

Kox, Henk, Arjan M. Lejour, and Raymond Montizaan. 2004. The free movement of services within the EU. The Hague: CPB Netherlands Bureau for Economic Policy Analysis.

European Commission. 1997. Guide to the case law of the European Court of Justice on Articles 59 et seq. EC Treaty: free movement of services / c European Commission. Luxembourg: Office for Official Publications of the European Communities.

  1. Hatzopoulos and T.U. Do: The case law of the ECJ concerning the free provision of services: 2000-2005, Common Market Law Review, Volume 43, Number 4, August 2006, 923-991.

Case C-109/01 Akrich [1997] ECR I-9607.

Snell, Jukka. 2002. Goods and services in EC law: a study of the relationship between the freedoms. Oxford: Oxford University Press.

Danov, Mihail. 2009. “Limiting competition within the market of legal services by regulating the legal profession: is there a case for deregulation at Community level?” European Competition Law Review. 30 (8): 393-399.

Consolidated Versions of the Treaty on European Union and the Treaty on the Functioning of the European Union [2010] OJ C83/01

Case C-267/91 & C-268/91 Bernard Keck and Daniel Mithouard [1993] ECR I-06097.

Case C-157/03 commission of the European communities Vs. Kingdom of Spain [2005] ECR I-2911.

Case C-94/96 & C-65-96 Uecker and Jacquet [1997] ECR I-4265.

[1] Barnard, Catherine. The substantive law of the EU: the four freedoms. Oxford University Press, 2013.

[2]  Hatzopoulos and T.U. Do: The case law of the ECJ concerning the free provision of services: 2000-2005, Common Market Law Review, Volume 43, Number 4, August 2006, 923-991. Case C-109/01 Akrich [1997] ECR I-9607.

[3] Case C-295/05 minister Voor vs. R.N.G Eind [2004] ECR I-10719.

[4] Snell, Jukka. 2002. Goods and services in EC law: a study of the relationship between the freedoms. Oxford: Oxford University Press.

 

[5] Danov, Mihail. 2009. “Limiting competition within the market of legal services by regulating the legal profession: is there a case for deregulation at Community level?” European Competition Law Review. 30 (8): 393-399.

[6] European Commission. 1997. Guide to the case law of the European Court of Justice on Articles 59 et seq. EC Treaty: free movement of services / c European Commission. Luxembourg: Office for Official Publications of the European Communities.