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Fria varurörelser i den Europeiska gemenskapen. En studie av gränsdragningen mellan gemenskapsangelägeheer och nationella angelägenheter.

Free Movement of Goods in the European Community. A study on the delimitation between community concerns and national concerns
Publiceringsår: 1995
Språk: Svenska
Sidor: 512
Dokumenttyp: Doktorsavhandling
Förlag: Fritzes Kundtjänst S-106 47 Stockholm, Sweden,

Sammanfattning

This thesis concerns the Articles 30, 34 and 36 of the EC-Treaty and conflicts of competence between the Community and the Member States. It deals especially with the delimitation between community concerns and national concerns in the field of non-tariff barriers to trade in community law. A new perspective concerning the application of Articles 30 and 34 of the EC-Treaty is introduced. It is argued that the application of Articles 30 and 34 of the Treaty could be based upon the criterion that national measures may not interpret with the possibilities of the producer to chose market for his product and may not interfere with the possibilities of the purchaser to choose between domestic and imported goods.

This new criterion is derived from an investigation of the case law of the EC-Court concerning the Articles 30, 34 and the exception rules according to Article 36 and the so-called Cassis-doctrine (also called the rule of reason).

Concerning agricultural goods, the principle of pre-emption of community law is decisive when delimiting community concerns from national concerns. In relation to national price- and profit regulations concerning agricultural goods the case law of the EC-Court must in general be more pragmatic than the conceptualist-federalist approach which was introduced in the Galli-judgement. This is i.e. due to the reform of the Common Agricultural Policy.

It seems that the EC-Court has been inspired by the case law of the U.S. Supreme Court, when developing its own case law in this particular field of community law.

As the political integration at a community level increases, it may be assumed that the importance of the above mentioned rules of the EC-Treaty to promote integration is reduced.

Too much harmonization can counteract market integration. Decentralization can thus also protect the achievement of the objectives of the EC-Treaty concerning the free movement of goods.

Disputation

1995-10-14
10:15
Carolinasalen, Lundagård, Lund
  • Nils Wahl (Docent)

Nyckelord

  • Law and Political Science
  • EU-rätt
  • European law
  • intra-community trade.
  • non-tariff barriers to trade
  • Free movement of goods

Övriga

  • ISBN: 91-38-92504-4
  • ISRN: LUJUDV/JUEG-95/1001-SE 512 pp

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