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Free movement of goods revision sheet
Introduction
The economic objective of the EU is to create an internal market –
Article 26 TFEU - a area ithout i ter al fro tiers i hi h the free o e e t of goods, perso s,
services and capital is ensured in accordance with the provisions of this treat
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g
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For goods, customers will benefit from a more competitive market with more choice at
cheaper prices
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g
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g
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g
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Divergence between national standards between M
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means that goods, otherwise lawfully
produced and marketed in one M
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may not gain access to another unless the producer also
complies with the standards of the M
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in which they now wish to also sell their goods
Such goods may be subject to dual regulatory standards by which they must comply with the
regulatory standards of both their home MS and those of the state they are exporting to
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Positive integration = Harmonization
Legislation replaces divergent national regulatory standards for a single and common EU rule
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Negative integration
This removes obstacles by prohibiting national rules or practices which hinder trade between
member states
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Article 34
Scheme of Treaty Provisions
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A prohibition on discriminatory obstacles to free movement i
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where the effect of a rule is
to treat national goods/ persons more favourably than other from other MSs
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Free movement of goods revision sheet
This prevents any rule that would lead to the favorability of national workers over other
workers
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S
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Proportionality is essentially a means of
balancing
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Quantitative restrictions were defined in Geddo, as – easures hi h a ou t to a total or
partial restrai t of, a ordi g to the ir u sta es, i ports, e ports or goods i tra sport i
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quotas or bans
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Vertical direct effect – can be relied upon to enforce provisions against the state
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Fra
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They did NOT state that Article 34 has horizontal direct effect, but it can be applied in the above
scenario^
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The national rule complies with the principle of proportionality

This requires that the MS shows that the national rule at issue was:
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Suitable – to achieve the objective the MS sought it to i
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the protection of public health,
and
Necessary – the least restrictive means of achieving the objective

Free movement of goods revision sheet
This principle aims to balance the free movement of goods with the movement of provisions in the
least restrictive way possible
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These were defined in the case of Dassonville as,
all tradi g rules e a ted
actual or potential, intra- o

e er states hi h are apa le of hi dering, directly or indirectly,
u it trade
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The Irish government sought to promote sales of Irish goods, the object being to switch consumer
spending from imports to domestic products
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The Irish Goods Council
had been set up by the government to implement the strategy to promote Irish goods
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