General Principles of Law in the Eu Essay Example | Topics and Well Written Essays - 5000 words

General Principles of legality in the Eu - Essay ExampleIt has been express that there were two main aspects for achieving a commonality market the first being negative integration which required removal of existing barriers and the second requiring harmonisation of rules so as to be in compliance with the set community rules which require positive steps so that the products can move freely within the EU this is known as positive integration1.When fashioning an analysis of free travail it is necessary to differentiate between monetary barriers which argon illustrated under artistic creation 23-25 or under Article 90, which is discriminatory taxation and other barriers which do not deal with charges which are covered under Article 28-30.There have been at time quantitative restrictions which have keep back either the quantity of exports or imports. A restriction can take the tune of a ban, quotas, or the requirement of obtaining licenses.For the purpose of ascertaining what a comfortably is the ECJ acresd in Commission v. Italy2 that the provisions of free movement of goods applied to any produce which can be valued in money and can form the basis for a commercial transaction. It can be clearly differentiated from the fact that Synthostein is a good and so the provisions for free movement of goods do apply to it.By the facts it can be said that there has been a quantitative restriction placed by Loamshire Borough Council on the import of Synthostein and so Art28 give be discussed along with its interpretation to the facts.Article 28 renders that quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between member states.In Geddo v Ente Nazionale Risi3 quantitative restrictions was said to be total or partial restriction on imports, exports or goods in transit. This tends to include a complete ban. (Commission v. Italy (Re Ban on Pork and Imports)4. It also includes quotas as stated in Salgoil SpA v. Ital ian Ministry for Foreign Trade5. Furthermore, even if it is put together that the ban on imports is only on a certain or part of the member state, it would comfort be classified as a quantitative restriction. This was illustrated in the Ditle v. Bluhm6e case where a prohibition on import by Danish on a small island named Laeso of bees or reproductive material was put to be a quantitative restriction even though it was only for the island and for the purpose of protecting the Laeso brownness bee. In order for the Article 28 to be applied it has been found necessary that a state measure should have been taken. This is what was found in the case of Commission v. Ireland Buy Irish 7where it was found that the Irish Goods Council had the involvement of the state in the appointment of its Managing Committee and that it was run on state funding. However it has been seen that measures taken by state have been interpreted in the