week 2 Flashcards
(25 cards)
What is the central task of the EU?
To merge the national markets into a single market
This involves the free movement of goods, persons, services, and capital.
Define negative integration in the context of the EU.
Involves removing national barriers to trade
It focuses on eliminating obstacles that hinder the free movement of goods and services.
Define positive integration in the context of the EU.
Focuses on harmonizing national laws to ensure uniformity across the union
It aims to create consistent regulatory standards among member states.
What is a customs union?
Covering all trade in goods
It facilitates tariff-free trade among member states.
What is a customs duty?
Any financial charge imposed on goods because they cross a border
This includes tariffs and other taxes that may affect trade.
What does Article 30 TFEU prohibit?
Customs duties
It establishes an absolute prohibition on customs charges that restrict trade between member states.
What is considered a restriction under Article 30 TFEU?
If a charge adds any cost to the movement of goods between member states
This includes any financial burden that affects trade.
What does Article 110 TFEU address?
Difference between border charges and internal taxation
Internal taxes are permissible as long as they apply equally to domestic and imported products.
True or False: Not every financial burden imposed on goods is automatically unlawful.
True
Certain charges may be compatible with EU law under specific conditions.
Under what conditions may a charge be compatible with EU law?
When it constitutes genuine consideration for a specific service or covers the cost of border checks required by EU law
This includes charges for services specifically requested by importers or exporters.
What are regulatory barriers in the context of the EU?
Financial barriers like customs duties and non-tariff obstacles
These barriers threaten the free movement of goods.
Define quantitative restriction on imports.
A fixed import quota that limits the volume of a particular product allowed into a member state
This refers to strict limits imposed on specific goods.
What are measures having equivalent effect?
National measures that hinder market access for goods from other member states
These measures can impede trade even if they do not take the form of quotas.
What landmark case is associated with the principle of mutual recognition?
Cassis de Dijon
It established that products lawfully marketed in one member state should be allowed in all others.
What does Article 34 TFEU address?
It is a strong tool to remove national rules that make it harder to sell or use products from other EU countries
This includes rules that create barriers to market access.
What does Article 35 TFEU prohibit?
Quantitative restrictions on exports
This is to ensure that member states do not create unfair barriers hindering the free movement of goods.
What was the outcome of the Groenveld case?
The court ruled there wasn’t a breach of Article 35
This case involved a law banning industrial production of horsemeat sausages.
How does Article 36 TFEU allow member states to restrict trade?
To protect values like morality, policy, security, or health of life
Restrictions must not unfairly discriminate against goods from other member states.
What is the proportionality test in EU law?
A member state must ensure that any restriction is genuinely necessary and does not go beyond what is required
This test assesses the legitimacy of trade restrictions.
What is the concept of harmonization in the EU?
National rules that vary across the EU can create obstacles to trade
Harmonization aims to create uniform regulations to facilitate trade.
What does Article 114 TFEU allow the EU to do?
Adopt binding legal acts to improve the functioning of the internal market
This provision allows for regulatory measures even when national rules exist.
What was the ruling in the Spain v Council case?
Article 114 can be used to respond to current situations and prevent future divergence
This ruling was related to patents in the pharmaceutical industry.
What are the two clear limits established by the tobacco advertising case regarding Article 114?
There must be a likely and identifiable risk to trade or competition; the EU measure must effectively address that risk
These conditions ensure that EU regulations are justifiable and necessary.
Define the concept of establishment in EU law.
Refers to the removal of barriers to free movement between member states
It emphasizes creating a seamless market across the EU.
