European Union Law Essay Example | Topics and Well Written Essays - 1500 words

European join Law - analyze ExampleIn its logical form, the treaty seeks to promote free travail of goods to bridge the cross-border gap that exists surrounded by different European confederation countries. Even regardless of much(prenominal) laws and treaty, some countries have been found to be putting undue restrictions on fellow European Union countries so that in that location would be a concentration of market in those countries. The strategy used by those who put the restrictions has been to place huge charges on cross border goods to discourage free movement. In response, Articles 23(1) and 25 (9(1) and 12) ECT of the treaty touches on restraint of charges having an effect equivalent to that of customs duties, which discourages all such(prenominal) charges to the exclusion of a similar domestic reaping (European sevens Fact Sheets, 2012). Relevant primary and secondary legislation From CJ Case 8/74, 11 July 1974, it could be seen that with reference to Olio Nuovo, A rticle 28(30), ECT of the Treaty on the Functioning on the functioning of the European Union (TFEU) can be applied to its logical conclusion to give him a lot of legal chastise to the current situation in which he finds himself. In the first play, there is a primary general assembly on the free movement of goods and services within the European Union region (Kuyper, 1993). As a marketer from Greece to Italy, Olio Nuevo is covered by this primary legislation because both countries atomic number 18 within the European Union zone. This is a very strong basis for Nuevo to begin any legal process with an ambition of putting forth legal damages for any losses that he might have recorded. This is because according to the slick in which Nuevo finds himself, there is being an unconstitutional attempt of hindering, directly or indirectly, actually or potentially, intra-Community trade, which the European Parliament Fact Sheets (2012), states that are to be considered as measures having an effect equivalent to quantitative restrictions. What is more, there are secondary laws such as those that specify the kind of products and materials that could cross European Union neighbouring borders. Examples of such European Union laws are those on the forbidding of arms and drugs trade. Since Nuevo did not attempt to trade any of such illegal products, there also is a very strong legal case to be hear should Nuevo decide to pursue the case to its legal conclusion. Exceptions to the Rule As it is literary said, to every rule there are exceptions. The Treaty on the Functioning on the functioning of the European Union (TFEU), which makes previsions for free movement of trade across European Union members States borders also have its own legal limitation or exceptions as far as the application of the rules are concerned. Under Article 30 (36) of ECT of the treaty, factors such as protection of public health, public morality and public security are all captured as exemptions under which Member States may take personal measures on having effect equivalent to quantitative (European Parliament Fact Sheets, 2012). This means is that the interest of the consumer always comes first when dealing with the movement of good (Eeckhout and Govaere, 1992). The legal signification here is that the host country where Nuevo wants to start