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Essay / Research Paper Abstract
This 12 page looks at different issues of free movement under EU law. There are three sections, The first considers a case where a law has been passed banning the importation of some goods into the UK with the justification used by the UK government of health reasons. This is considered with reference to article 28 and cases such as the Cassis de Dijon in order to assess if this law would be enforceable. The second question look at restrictive trade agreements, where exclusive agreements are made with restrictive terms and conditions. This is considered against the Article 81 and Regulation (EC) 2790/99. The last question looks at the case of a UK national who is refused a job in Greece with the claim that the job is in the public service. This looks at discrimination and article 39. The bibliography cites 5 sources.
Page Count:
12 pages (~225 words per page)
File: TS14_TEdisgoods.rtf
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Unformatted sample text from the term paper:
free movement of goods and labour. This does not mean that all barriers have disappeared, however, if barriers do exits they should be for exceptional purposes only. In the cases
provided by the student there are a range of situation all of which appear to concern the prevention of free movement of goods of labour. To consider how each of
these may be seen under EU law we can apply both the statutory instruments as well as look at the influence of case law. However, it should be remembered, unlike
the UK, case law is not binding on EU courts. Question 1 In the first case there is the (fictional) passing of a law preventing the importation of any
surgical clothing that is not made of man made materials. The reason given behind the passing of this law is quoted as safety reasons. We can see that there
is an ability for communities to introduce legislation to protect their own citizens, in Oosthoek (Case 286/93). However, when looking at this we need to consider if this was
really a safety measure, or if it was an indirect way of seeking to introduce protectionist policies, and protect the sale of the UK man made materials. The case
here need to be looked at under Artilce 28 (ex 30), which states that imported products cannot be discriminated against without good reason, the reasons that this may taken place
can be found under Article 30 (ex 36). This accepts that discrimination may be indirect. For example, a blanket ban may be one that discriminated against imported goods simply due
to the way it is worded and then position of that industry in the nation state. The case we can look at here as roughly comparable, and also a
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