Judicial politics of the EU Court of Justice

High school
Coursework
Finance & Accounting
Pages 18 (4518 words)
Download 0
The objectives of the union can be achieved through establishment of a common market that allows free movement of goods within the states of the EU. Although more than half a century has passed since the formation of the treaty, its notion of the free movement of goods is still in its building stage…

Introduction

The free movement of goods would endorse production efficiency because the entire process would make various countries’ producers compete directly in the open market. For the purpose of following the free movement of goods notion, the internal trade barriers that lead to discriminatory restrictions among the EU states should be removed. Thus, the member states under EU should abstain from inflicting the trade restrictions on exports, imports or transit goods among themselves. However, after passing of nearly six decades, true freedom of movement of goods by the member nations is not enjoyed within the European Community. Various obstacles impede on the free movement of goods inclusive of explanation of the European Court of Justice (ECJ) towards general provisions concerned on the goods’ free movement under the EC treaty. The obstacles are also inclusive of several exceptions to the general provisions of Articles under the EU.
In this research paper, the first section will present considerable background discussion towards the EU Court of Justice’s judicial politics. The second section will evaluate the interpretation of the ECJ’s general provisions on the EC treaty towards free movement of goods. The third section will be presented in the form of analyzing and discussing various cases that led to crucial judgments of the EU Court of Justice. In the last section of the research paper, conclusion will be drawn for determining the level of viability of the European Commission’s statement that signified the free movement of goods as one of the success stories of the European project. ...
Download paper
Not exactly what you need?

Related papers

EUROPEAN UNION LAW
If we see, there are different articles In European Law Union which states the provisions regarding the free movement of persons inside the member states. Below is the critical evaluation and advice to the plight of a polish family who moved to UK Critical Evaluation and Advise to the Family Members a) Josef’s case Jozef, you came to UK with your partner Karolina on visit and eventually planned…
EUROPEAN UNION LAW 2
The consignment of beer is clearly “goods” for the purposes of the Treaty and as the case of SIOT v Ministry of Finance 2asserted; freedom of movement and transit within the Community constitutes a prima facie fundamental of community law. Furthermore, the Article 28 provision is also intended to ensure non-discrimination between domestic and foreign products of Member States3. To this end,…
PARLIAMENT, POLITICS AND POLICY MAKING: CHALLENGES TO WESTMINSTER: DEVOLUTION AND THE EUROPEAN UNION
It is defined by an enhanced entanglement between local, national and international frameworks of authority. This change in a way also means that Westminster is losing power both upwards to the European Union and downwards to the devolved institutions. Westminster Model The traditional Westminster model envisaged a representative and not participative form of governance. In this system of…
The European Debt Crisis
The crisis accentuated the economic interdependence of the EU, as it highlighted the deficiency in the Eurozone’s political integration which was vital for the provision of a well-harmonized and effectual financial response. To ease the debt crisis and improve economic status, EU’s richest members encouraged the most highly indebted EU members to cut down on government expenditures and…
Proposed European Union Financial Transaction Tax
The general population and normal business ventures were to remain unaffected (Vella, Fuest and Tim, 2011). The proposed tax was to be separate from normal bank charge that some regional administrations are in the process of levying on monetary institutions to help in shielding them from the fees of any potential bailouts. Research has revealed that the tax has the potential of gathering about 58…
The United Kingdom and Proposed European Union Financial Transaction Tax
This EU financial transaction tax is different from a bank levy. Regulators believe that the proposed policy has the potential to raise nearly 57 billion Euros per year. This proposal has been the topic of a hot debate across the European Union since its announcement in 2010 and it still remains controversial among the member states of the EU. This paper will critically appraise the statement that…
What Are The Influences On UK And USA Investment Banking Regulation And Supervision After Financial Crisis?
His book is a commentary on the instance of greedy chaos on Wall Street in America as well as financial markets abroad, as he recounts Atlantic Advisors’ President, Bennet Sedacca’s shocking announcement that Bear Stearn was in trouble. From FaceBook to Bloomberg, accounts of the fall horrified investor spectators. …