Freedom of Goods of the European Union - Article Example

Running Head: FREEDOM OF GOODS OF THE EUROPEAN UNION A Paper on the Provisions and Critical Analysis of the Freedom of Good in the EuropeanUnion In APA Style Name University Introduction The trade in the European Union can be considered as one of the considered focal point in terms of an economic process that transcends the national and domestic boundary. For that matter, the dynamics in the said process of trade and the exchange of products and goods can be considered as an essential issue to discuss. The European Union is one of the most influential organizations in the European Region and even the whole international community. It can also be an example of a democratic assimilation of different nations under a common constitution that targets the economic stability of the member countries. Included in the main goals of the said organization are foreign trade interaction, democratization, human rights, pluralism and the rule of law.1 The focal point of the objectives is the establishment of a Common Market which can enable a coherent activities related to the economy towards development and expansion. This will enable the free movement of goods in the member countries by preventing different forms of national restrictions in terms of processes such as importation, exportation and other forms of product movement. The main issue that is the focus of the study is the governing law on the basis of the movement of the goods and products across borders. The implementation of the EC Treaty and Law can be considered important due to the question of its maximum applicability until the present era. The Governing Law Due to the fact that the European Union can be perceived as a single unit in the economic society, the process of trade of products and goods can be predicted to be relatively more complicated. The governing law then can be considered as the key concept that can be studied. Although the European Community (EC) has different specified objectives, the participation and control of the international trade can be considered as the main goal. Due to the fact that EC prioritizes the trade, the EC law can be considered as a clear expression of democratization in trade of products and goods. This can also be referred to as the freedom of goods under the system. It the view of the system can be considered confusing, this is due to the fact that although the member nations of the EC has independent governing laws, the incorporation of the EC Law can be considered as a necessity and requirement. But due to the fact that the organization requires full-pledged cooperation and dedication, the EC Law is applied by the national courts. This is important to be able to determine the applicability of the rules in the member nations. The EC Justice is the law governing unit that cooperates and transcends the member nations.2 In the trade and freedom of goods there are dynamics that are needed to be given attention. These are the provisions of the EC Law in terms of the importation process, exportation process, and other issues. The EC Law that governs the importation of goods from member countries is under the Article 30. One of the important captions is in relation to the quantitative restrictions in the importation process between Member nations. This also includes related processes within the member nations and the governing body.3 The governing law is under the duties, charges and taxes. Article 23 is a related part of the EC Law that pertains to the "prohibition of the tariffs and other related measures." One of the related cases is that of the Social Foonds and SA CH. BRACHFELD that involved the importation of Belgium of diamonds. The product was charged with 0.33% duties which are prohibited by the EC Treaty. The charges that are involved upon crossing a frontier can be considered as one of the hindrance for the proliferation of the movement of goods. Under the EC Law the member states are not allowed to charge such fees and taxes.4 Upon consideration of the effect of the importation article, a dual view in terms of the advantages and the questionable concepts incorporated under the EC Law. The law of importation on the perspective of freedom of goods can be considered to have a process that is free of tariffs and other charges across the borders of the Member nations. For the matter, exchange of goods is beneficial. Although this is the case, a more fixed market is generated. Due to the state of stability of such a system, the needs of a particular nation can be neglected due to the need to satisfy the need of the whole European Community. Also based on the provisions that are stated, the EC Law Article 30 emphasizes a particular limit in the goods that are imported. This imposes another limitation to the nations under the EC Law. In terms of the ECJ, it is important to continue the rule on the basis of stability. To be able to achieve stability, inhibition of certain rights is one of the trade-offs. It is a matter of choice between a stable trade niche by cooperating with the system or prioritizing the national independence and risk participation in the world trade. Article 34 of the EC Law discussed the provisions in terms of the exportation process. Though the importation process can be described as a complication process, due to the different provisions specially the restrictions involved, the EC Law on exportation is more complicated. This can be attributed to the fact that the European Community ensue national exportation restrictions. The rule makes the process of freedom of goods movement more complicated. Without any form of control, monitoring is a great challenge. But due to probable problems projected, discrimination of goods exported is then applied. This can be comparable to the importation restriction.5 As the importation law, there are different issues in relation to the exportation and industrial manufacturing. When the EC Law was implemented, the national laws of the member nations can be considered as the secondary priority only next to the governing Community Law. In cases of trademark recognition such as that of the Terrapin in Germany and Terranova in Britain, there are questions of exercise of properties. Due to the fact that they are produced in different nations but will participate in the common market an issue on which company will prevail is in line. The provision is to hinder exportation toward the country with similar trademark to avoid confusion. This can ultimately hinder the ruling of the freedom in the movement of goods. The ruling on the industrial property right is in question with conditions that competition is not hindered, no relationship and between the 2 undertakings on the basis of legal aspects as well as economic and no intent to target the last phase of Article 30.6 In relation to the EC Law of exportation, the main goal is the control of the goods that are needed by the country while exportation of the goods that are considered in excess. This can be considered as one of the most common rules in the field of trade and industries but is it important to consider that under the EU, the national needs and identity comes less in priority than the goal of the whole organization as a group. Aside from the study of the process of importation and exportation, the dynamics of the internal market as well as the effects that can be attributed to the Community Harmonization Legislation can be considered as another important focus. On the perspective of the EC Law, there are two independent concepts that are of influence. One is the EC Treaty and another is the Community harmonization legislation.7 These two concepts can be considered to work in synergy to be able to achieve and apply the EC Law, the main action which is to balance each other. The main action of the EC Law is to be able to consider the individual needs of the Member nations. The process is a complex interaction of restrictions on the basis of different economic concepts such as importation, exportation and even competition. In terms of the relationship of such mechanism to the EC Treaty, it can be considered as a threat or a negative force, this can be attributed to the fact that the primary focus of the EC is the welfare of the organization and not the individual Member nations.8 On the other hand, the Community harmonization legislation is the main cohesive force among the Member nations. The main policies that are incorporated in their actions are mainly based on the needs of the group as a whole. The main method is the establishment and modification of the other policies to be able to achieve free movement in spite of the cohesive and oneness of the nations under EU.9 On the basis of the interaction of the positive or promotional and the negative or counter study of the EC Law, balance can be more achievable. If the balance is achieved, stability can be considered more probable. A Focus on the Freedom of Goods The study on the freedom of goods in the EU market can be considered as one of the perspective to be able to determine the efficiency and feasibility of the EC Law and the policies and provisions that can be related to the European Community. Upon the review of the different governing policies, the balance of rules can be perceived. But the most important consideration is the implementation of such policies. In the quest to achieve the effective and fair utilization of the EC Law, a cautious counterchecking and careful analysis of the specific processes that constitute the complex action of the EU is required. One of the most vital components is the national courts. The role of the national courts in the implementation of the EC Law constitutes the essentiality of the system. This can be attributed to the fact that it relates the importance of the EC Law, implement it and incorporate the provisions in the national legal system. Another important role is the implementation through application of the case law by the EC Justice on the national network. Another function and can be considered as one of the vital and most independent duty of the national courts is the resolution of problems in the national level specifically in relation to the breach of the EC Law and EU provisions.10 The basic unit of the EU is the national systems. The most detrimental effects are provisions are not implemented properly can be considered of the greatest effect in the national level. The failure of application in this level can cancel out the work undertaken on higher level most especially in the ECJ.11 Conclusion Based on the study undertaken, it can be generalized that the freedom of goods is one of the major focus of the EC Law. Due to this view, at some point of discussion, EC Law became the focal point of the study due to the fact that it refers to the freedom of goods. The EU market can be considered as a unique system of nations that aim to target the maximization of benefits on the trade system while maintaining democratization in the system. It works through a complex interaction and balance between the EC Law and the cohesive forces composed of governing policies of the organization. Freedom of goods, then, can be defined as the movement of products within the EU system as well as the participation with trade partners that occurs in effect to the governing policies of the EU incorporated in the EC Law. References: Albo, G. and Zuege, A. (1999). European Capitalism Today: Between the Euro and the Third Way. Monthly Review, 51, July-August 1999. Craig, P. & De Burca, G. (3rd ed) (2002). EU Law: Text, Cases and Materials on EU Law. Oxford University Press. Fern'ndez Mart'n, J. M. (1996). The EC Public Procurement Rules: A Critical Analysis. Oxford: Clarendon Press. Gil Ibanez, A. J. (2004). The "Standard" Administrative Procedure for Supervising and Enforcing EC Law: EC Treaty Articles 226 and 228. Law and Contemporary Problems, 68. Goyder, D. G. (1998). EC Competition Law. Oxford: Oxford University Press Jarvis, M. A. (1998). The Application of EC Law by National Courts: The Free Movement of Goods. Oxford: Oxford University. Kubicek, P. J. (2003). The European Union and Democratization. New York: Routledge. Sauter, W. (1997). Competition Law and Industrial Policy in the EU. Oxford: Clarendon Press. Steiner, J. and Wood, L. (8th ed) (2003). European Community Law. Blackstone. Vincenzi, C. and Fairhurst, J. (4th ed) (2003). Law of the European Community. Longman. Read More