Issue: № 8, 2023
Doi: https://doi.org/10.37634/efp.2023.8.15
The paper is devoted to the study of the EU internal market. It was determined that the main goals of creating an internal market were to stimulate economic growth in the region, improve the quality and availability of goods and services, and reduce prices. The free movement of goods is one of the key freedoms of the EU's internal market and is seen as the basis of EU policy, as it offers producers access to member states' markets and consumers a wide range of goods. The main historical moments of the formation of the free movement of goods are considered, namely the reduction of customs barriers between countries and the establishment of a unified customs policy for third countries through the European Customs Union; abolition of customs duties between member states since 1968; harmonization of national legislation. It has been established that today the free movement of goods means that EU countries do not have to charge customs duties on goods produced in the EU when they cross the border, or on goods produced in third countries when they enter the EU. In addition, charges having an equivalent effect on trade or quantitative restrictions on imports are also prohibited. At the same time, it is determined that the provisions of Art. 36 of the Treaty on the Functioning of the EU allows member states to take measures that have an effect equivalent to quantitative restrictions if they are justified by general, non-economic considerations. However, the arguments used by member states to justify import or export barriers were interpreted by the EU court quite strictly, using the proportionality criterion. It is well-founded that one of the problems faced by EU member states is that belonging to the single market means that a single country does not have the right to refuse the sale of products produced in other countries of the Union, which is considered acceptable. The use of restrictive measures provided for in Art. 36, which may impede the free movement of goods, require a scientific analysis to demonstrate the existence of a risk.
Keywords : internal market, common market, free movement of goods, EU
References:
1. Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the regions Single Market Act Twelve levers to boost growth and strengthen confidence "Working together to create new growth". Eur-lex. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52011DC0206.
2. Consolidated versions of the Treaty on the European Union and the Treaty on the Functioning of the European Union with protocols and declarations dated March 25, 1957. URL: https://zakon.rada.gov.ua/laws/show/994_b06W(in Ukrainian).
3. Dahlberg E. et al., Legal obstacles in Member States to Single Market rules, Publication for the committee on Internal Market and Consumer Protection, Policy Department for Economic, Scientific and Quality of Life Policies, European Parliament, Luxembourg, 2020.
4. The four freedoms of the European Union. Briefings prepared by the EU3doms project. Debate on the Future of the Four Freedoms of the European Union, ’EU3doms’ supported by the Europe for Citizenship Programme. URL: https://www.bos.rs/ei-eng/uploaded/EU3_ENG_webre_1.pdf
5. Judgment of the Court of 12 July 1973. Riseria Luigi Geddo v Ente Nazionale Risi. Reference for a preliminary ruling: Pretura di Milano - Italy. Case 2-73. Eur-lex. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A61973CJ0002
6. Judgment of the Court of 11 July 1974. Procureur du Roi v Benoît and Gustave Dassonville. Reference for a preliminary ruling: Tribunal de première instance de Bruxelles - Belgium. Case 8-74. Eur-lex. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A61974CJ0008
7. Judgment of the Court of 20 February 1979. Rewe-Zentral AG v Bundesmonopolverwaltung für Branntwein. Reference for a preliminary ruling: Hessisches Finanzgericht - Germany. Measures heaving an effect equivalent to quantitative restrictions. Case 120/78. Eur-lex. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A61978CJ0120
8. Economie, industrie et emploi. Question N°: 32344. URL: https://questions.assemblee-nationale.fr/q13/13-32344QE.htm
9. Judgment of the Court (Sixth Chamber) of 5 February 2004. Commission of the European Communities v French Republic. Failure of a Member State to fulfil obligations - Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) - National legislation exhaustively listing the nutrients which may be added to foodstuffs - Measure having equivalent effect - Justification - Public health - Consumer protection - Proportionality. Case C-24/00. Eur-lex. URL: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A62000CJ0024