Examining the Free Movement of Goods within the European Union

This report examines the free movement of goods within the European Union, focusing on the historical context and legal frameworks that shape trade within the EU. The report begins with an introduction to the concept of free movement of goods, emphasizing its importance in the EU's internal market. It then delves into the post-World War II developments, highlighting the trade barriers and challenges faced by the EU during that period. The core of the report discusses the evolution of EU trade policies, including the impact of the Cassis de Dijon case and the role of Article 34 and Article 36 in regulating the movement of goods. The report also explores the role of EU treaties and the harmonization efforts undertaken to facilitate the free movement of goods. The conclusion summarizes the key findings, emphasizing the influence of the Cassis de Dijon case and the changes in trade treaties on the liberalization of trade policies within the EU. The report is supported by references to relevant academic sources and legal documents.

FREE-MOVEMENT OF
GOODS WITHIN THE EU

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
CONCLUSION................................................................................................................................2
REFERENCES................................................................................................................................2

INTRODUCTION
EU mainly provides freedom to its member states to move freely in each other as a
nation. The present report shows post World War 2 treaty provisions and major trade barriers
faced by EU at that time period
MAIN BODY
Free movement of goods within EU is the major element of its internal market. It allows
its member states to freely trade goods without any restrictions and barriers with other member
states as single nation1.
Development of free-movement of goods in EU
In earlier practices, movement of goods in EU was quite restricted. But after judgment
this case in post-World War 2 time, major changes were made for developing smooth movement
in EU2. Post World War 2, EU faced some major barriers including high wall of tariff built
against foreign goods, enhancement of pressure of industry to protect them from foreign
industries, etc.
Treaty of EU became liberal after judgment of above case and Article 34, according to
which, if member states have produced goods as per the rules of country, it has right to make
free-movement in each member state of EU3.
Also, after Article 36, member states got authority to prohibit movement of any goods, if
it thinks that goods are not safe for public health and competitive market of it provided that, it
has notified to the commission in this regard.
1 Davies, Gareth T. "The Competence to Create an Internal Market: Conceptual Poverty
and Unbalanced Interests." (2017).
2 Pesonen, Kimmo. "Understanding the possible models for post-Brexit trade in goods
between United Kingdom and European Union." (2017).
3 'QuantitativeRestrictions'.
<https://www.uio.no/studier/emner/jus/jus/JUR5440/v10/undervisningsmateriale/SEM
%203.pdf>. (2018).
1

With reference to above case, post-world war 2, parliament also felt that treaty needs
more harmonization4. In this regard, EU was facilitated with adopting new approaches and
proposals in white paper of commission which resulted in completion of internal market as it
leads in removing all physical and technical obstacles of free-movement of goods in EU.
In this way, the Cassis de Dijon (1979) case and changes made in treaties of post-world
war 2 period in developing trade and commerce practices by adopting more liberal trade
practices.
CONCLUSION
From the above study, it can be concluded that Cassis de Dijon case and change in
treaties of trade in EU influenced trade practice of EU which reduced trade barriers in EU. In this
order, trade policies have become more liberal in the EU.
4 Alemanno, Alberto. "Balancing free movement and public health: The case of minimum
unit pricing of alcohol in Scotch Whisky." (2016).
2

REFERENCES
Alemanno, Alberto. "Balancing free movement and public health: The case of minimum unit
pricing of alcohol in Scotch Whisky." (2016).
Davies, Gareth T. "The Competence to Create an Internal Market: Conceptual Poverty and
Unbalanced Interests." (2017).
Pesonen, Kimmo. "Understanding the possible models for post-Brexit trade in goods between
United Kingdom and European Union." (2017).
Online
'Quantitative Restrictions'. (2018).
<https://www.uio.no/studier/emner/jus/jus/JUR5440/v10/undervisningsmateriale/SEM
%203.pdf>.
3