EUROPEAN UNION LAW

European Union Law

European Union Law

Problem Question

The main problem in this paper is with regards to Polly who is a UK producer and the exporter of Maritime in France, Germany, Sweden and Denmark. The business of Polly has been affected with regards to the ban by the Danish Authorities under the Regulation 1/2011 (Fictional). As per this regulation, there is a ban on the import and the marketing of Maritime in Denmark. Thus, the paper is the description of the advice to Polly on the basis of European Union law.

Introduction

The main purpose of this paper is to make an analysis on the EU law on the free movement of goods. The paper makes an analysis on the restriction of the import of marketing of Maritime in Denmark. Thus, this paper is an analysis of the advice on the basis of the European Union law in this regard.

Does European Union Law Apply?

The free movement of the goods is the freedom which has been provided by European Union to the traders. European Union has established this law on January 1993. As per this law, European Union does not have any territory and it is not considered to be the single territory without any internal frontiers. Thus, as a result of the free movement of goods, the control on the movements of goods within European Union has been abandoned. The end of the customer tariffs has helped in increasing the intra-community trade, which is comprised of a huge part of the total imports and exports conducted by the Member states. According to the Articles 28 and 29, the member states are not allowed to impose any restrictions on the import and export of the goods between all the member states. However, member states are allowed to restrict the free movement of goods in case of any threat to the public health or the environment.

The European community is considered to be a free trade area. The European Union or the European community is the community of having the common custom borders. Any product which has entered in the European community can be freely traded and circulated within the community without any control and restrictions. The member states are not allowed to impose any custom duty. However, the other changes like the changes in the penalising taxes and the quantitative restrictions including the quotas are also restricted within the European community. According to the Article 23 TEC:

The main basis of the community will be the custom unions which will be used for covering the trade in goods. The community will also abolish any restriction in the trading of products from one area to another within the community. The member states will not be allowed to impose any custom duties on the imports and exports of the goods.

However, this law has not yet properly implemented. It is still difficult for the goods to move freely between the countries in European community. It has still not yet achieved the ...