EU Law Report: Article 36, Derogations, and Case Law Analysis

This report provides an analysis of EU Law, focusing on Article 36 and its role in defining derogations to the free movement of goods. The report examines the justifications for these derogations, including public morality, health and safety, and the protection of national treasures, among others. It highlights the importance of the Cassis de Dijon case in establishing the rule of reason and mandatory requirements. The report also details the recent establishments and the importance of member states providing justification for any restriction. The report makes references to various sources like books and journals including the analysis of the Free movement of goods and quantitative restrictions. This report is a valuable resource for students seeking to understand the complexities of EU Law and its implications for trade and commerce.

Critically analysis: EU Law How
many derogations one started with in the
Cassis de Dijon

Table of Contents
QUESTION 4...................................................................................................................................1
REFERENCES................................................................................................................................3

QUESTION 4
Article 36: This articles defines the defenses that can be used by the member states as
justifications to measures implied at national level on cross border trade.
Derogations at present:
1. Public morality, policy and security: member States may decide to ban a product on
common grounds be it moral or for security reasons1.
2. Protection of health and life of humans, animals and plants: This is a precautionary
principle related with protection the interest and health of public.
3. Protection of national treasure possessing artistic, historic or archaeological value:
all member states haze a duty to protect what falls under their territory.
4. Protection of industrial and commercial property: protecting trademarks and
copyrights.
Mandatory requirements started with case of Cassis de Dijon:
With this case important principle related with article 34 and 35 were established. This is
applicable equally to domestics as well as imported goods. Rule of reason was established with
this case which defies mandatory requirements2.
 Fair commercial transaction: prohibits offering of free gifts under the name of sales
promotion.
 Protection of environment: includes restriction on moving waste oil and legislation
related to it.
 Consumer protection: Legislation related with protection interest of consumers and fairs
and Equal treatments.
1 Vos, Ellen, et al. "Differentiated Integration or Uniform Regime? National Derogations
from EU Internal Market Measures." Between Flexibility and Disintegration: The
Trajectory of Differentiation in EU Law (2017): 304.
2 Quantitative Restrictions. 2018. [Pdf]. Available through
:<https://www.uio.no/studier/emner/jus/jus/JUR5440/v10/undervisningsmateriale/SEM
%203.pdf>.
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 Improvements of working condition: health and safety being under heading of public
health, this includes the sames without a significant heading for it.
 Cultural protection: protection of the national social and cultural values3.
 Road safety: Acknowledgment have been made by court that roads safety constitute an
overriding reason in public interest capable of justifying a hindrance to free movement of
goods.
Recent establishments: the justification for any restriction must be presented by member state
with accompanying evidences.
3 Free movement of goods. 2018. [Online]. Available through
:<http://www.europarl.europa.eu/factsheets/en/sheet/38/free-movement-of-goods>.
2

REFERENCES
Books and Journals
Vos, Ellen, et al. "Differentiated Integration or Uniform Regime? National Derogations from EU
Internal Market Measures." Between Flexibility and Disintegration: The Trajectory of
Differentiation in EU Law (2017): 304.
Online
Quantitative Restrictions. 2018. [Pdf]. Available through
:<https://www.uio.no/studier/emner/jus/jus/JUR5440/v10/undervisningsmateriale/SEM
%203.pdf>.
Free movement of goods. 2018. [Online]. Available through
:<http://www.europarl.europa.eu/factsheets/en/sheet/38/free-movement-of-goods>.
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