EUROPEAN UNION LAW

European Union Law



European Union Law

Introduction

European Union is one of the unique forms of partnership that aims to strengthen the bonds between a total of twenty eight countries through various economic schemes, plans and programs. However, this union also plays an important role in strengthening the political bonds between the European nations, which covers together majority of the area of the continent. Therefore, the room of errors in the working and operation of the Union is very little. This is simply because the occurrence of any undesired incident or event will not just affect the economic stability of any single state. However, it can also serve as a threat to upsetting the political alliances and relationships between that the Union offers two or more countries thereby upsetting the overall peace and stability of the region. The Union therefore achieves this aim by planning, implementing and maintain a law that automatically ensures that establishes a clear set of boundaries for every state involves in the economic and political activities. However, there are several laws whose implementation has been questioned and confused when it comes to their relationship with other laws. One of such example includes Article 110 and Article 30. The paper aims to discuss of how the two laws are perceived now and their impact on various aspects.

Discussion

There fact cannot be doubted anymore of the Court of Justice's approach to the Article 30 TFEU and how dramatically it differs from its approach to the Article 110 TFEU. Some believe that the approach is justifiable and make sense. However, on the other hands, many critiques have identified and pointed out a number of areas that would indicate the flaws of the approach adapted by the Supreme Court to both these articles (Azoulai, 2008, pp.1340). The most important being the fact that the approach of interpreting and differentiating between Article 110 and Article 30 has been guilty of focusing too much on the internal market and interests. In contrast, the approach does offer the attention that is deserved by matters and areas such as legitimate policy objectives, fiscal sovereignty, and administrative needs and requirements of the individual Member States.

Before exploring and evaluating the details, it is important to analyze what the implication of the two articles individually. Article 10 states that no individual member state has the authority indirectly or directly to impose, any sort of any internal taxation on other member state's product greater than indirectly or directly imposed on the similar domestic products. Moreover, no Member State has the authority to impose any internal taxation on the other Member States' products where the internal taxation of this nature in order to offer to other local products an indirect protection Barnard, 2007, pp.68).

On the other hand, the article 30 states that the custom duties on exports and imports charges that possess equivalent effect cannot be allowed or facilitated between the Member States. It must be noted that this restriction should also be applied to custom duties of the ...