European union (law)

crazy2000

hi ya all,

I dont no if youse will be able to help me but I am in my last year in college and hopefully this will year will have achieved an honours degree in business. I am due an assignment paper for law..my topic is the free movement of goods and the approch the european court of justice has taken to secure this. Also involving art 25 and 90 of the ec treaty..

anyways I cant seem to find an information on the net and was woundering did anyone come across a good website that would help e with this assignment?

johnnyskeleton

www.europa.net is the official EU website

crazy2000

johnnyskeleton wrote:

www.europa.net is the official EU website

tanx 4 replying but i came accross that website already.. it dosnt go into to much detail about the free mov of goods

Tom Young

Can you define precisely what you are after? FMOG is quite a wide area.

There are six key issues –
1) What is the definition of a measure having the effect to a quantitative restriction. MEQR.
2) Does there have to be discrimination for something to be an MEQR. A measure does not have to be discriminatory to have the effect, in relation to discriminatory measure.
3) How can that be justified, on what grounds.
4) Non- discriminatory measures having the effect of quantitative restrictions, can these be justified, see cases.
5) How can a member state justify non-measures having the effect of quantitative restrictions. MEQRs.
6) Having looked at discriminatory and non-discriminatory measure having equivalent effect, and the court has somewhat rowed back from its previous position, by differentiating between goods and products and selling arrangements. What are the particular measures pertaining to
selling measures. Keck case.

The above a slotting directly into Articles 28 and 30 by the way.

So the above is the basis. Did you miss lectures or something?

Tom

PS: Articles 90 - 93 can be taken in a wholly different body of cases, I am conscious that I only deal with 28 and 30 above.

crazy2000

no i go into all lectures, its just a complex topic.

I was givien the following question

" discuss the approach of the ecj in securing the freedom of movement of goods within the eu and its effectivness in that regard, in dealing with alleged violations of the treaty prohibitions on customs duties, cees and discriminary internal taxation"
also need to discuss the principals of the revelant treatys and how the case law has eveolved from the rulings of the ecj.

Tom Young

Ok, yeah. It spans the spectrum.

Advice (this is not legal ) so as not to infringe the forums Terms.

1. Get a copy of Craig and DeBurca from the library.
2. Read generally the above.

Arts 28 and 30:

Refer to Keck and how the law got to Keck. Dassonville, Cassis de Dijon, and Sunday trading cases. Torafaen Case.

Art 90 etc:

Commission v. France - Sweet Wine case, Sprits case [different citation], Commission v. UK (Beer and Wine), Cooperative Co-Frutta v. Admin. delle Finanze della Stato.

You could also cover enforcement.

Tom

skyhighflyer

Go to college law library.

Find the Law Society manual on EU Law by dermot cahill.

Photocopy relevant pages and type them out in a different form.

Job done.

johnnysmurfman

Get Craig and De Burca, simple as that. Everything you need is in there.