EUROPEAN UNION LAW

European Union Law

European Union Law

Question 1. Critically discuss and advise Willem as to how the law on the free movement of goods (as applied by Articles 30 and 110 TFEU) can be argued to the various payments and taxes levied in the above scenario.

The Treaty on the Functioning of the European Union (TFEU) is one of four documents that make up the material constitution of the European Union, along with the Treaty on European Union (TEU), the Treaty establishing the European Atomic Energy and the Charter of Fundamental Rights of the European Union (Dashwood et al., 2011). In fact, TFEU is one of the oldest treaties underpinning the current EU trade laws. It was signed in Rome establishing the European Economic Community and 1957 and the Treaty has since survived with various reforms and different denominations from 1992 to 2009.

Today, the text of the treaty contains more detail about the legal framework in which they develop different policies and actions of the Union in all areas and the constitutional principles governing them, except for the common foreign and security policy exceptionally located in the TEU. It is also important to know that policies traditionally located in the old third pillar do not follow the guidelines but classical intergovernmental Community methods (Woods & Watson, 2012). Although the TFEU has the same legal status as the EU Treaty, it is more detailed content, which is largely development of constitutional provisions contained in the TEU. In addition, the title of the TFEU seems to point in this sense complementary to the TEU. Nevertheless, it is precisely these characteristics and more specialised ones that make this treaty have a practical application much more frequent and visible. The treaty established following (Dashwood et al., 2011):

Customs union: the EEC was popularly known as the "Common Market". It was agreed a transitional period of 12 years, which should disappear completely tariff barriers between Member States.

Common Agricultural Policy (CAP): This measure established the free movement of agricultural products within the EEC, and the adoption of protectionist policies that allowed European farmers avoid competition of products from third countries. This was achieved by subsidizing agricultural prices. Since then, the PAC has focused much of the EU budget.

This treaty established the prohibition of monopolies, granting certain trade privileges to the outermost regions and some common transport policy. Given the success driven by increased flow of trade, the July 1, 1968 were abolished all internal tariffs between Member States, while adopted a common customs tariff for all products from third countries. The free movement of people, capital and services had to wait until the Single European Act of 1986 gave the impulse that made in 1992 the establishment of the single market (Woods & Watson, 2012).

Case of Willem

As it can be seen in the case that Willem is arguing that the payments he has been required to make to import his goods into Germany and France do not comply with EU ...