EU Internal Market Law Course ECL3004

EU Internal Market Law Study Notes

• ECL3004 is a course on EU Internal Market Law.
• ELSA Malta is a student organization representing law students at the University of Malta.
• The organization is committed to upholding human dignity, cultural diversity, and a just world.
• ELSA Malta aims to provide law students with diverse opportunities.
• Its activities include various events, fostering international cooperation, and promoting cultural exchange.
• Student notes are intended to supplement, not replace independent study and class attendance.
• The notes may contain errors and omissions.
• The single market is a core economic rationale of the EU.
• Economic Integration includes different forms such as customs union and common market.
• The fundamental principles for establishing a customs union and a common market are included, notably the four freedoms.
• Freedom of goods, freedom of workers, freedom of services and freedom of capital are the four fundamental freedoms.
• EU Law can prohibit national rules that hinder cross-border trade.
• Positive integration requires harmonization through EU Directives for uniform rules.
• Article 114 & 115 TFEU are used specifically in this area.
• Pre-1986 there were limits to harmonization measures, notably the unanimity requirement.
• The Single European Act (SEA) of 1986 aimed to complete the internal market.
• The SEA introduced legislative innovations to facilitate legislation to complete the internal market.
• Key features of Article 26 TFEU include the definition of the Internal Market and measures adopted for its functioning.
• Article 27 TFEU further qualifies the obligations of Article 26.
• Article 114 TFEU is a residual provision, applying where more specific provisions aren't available.
• Article 114(2)-(10) include qualifications to Article 114(1).
• Cases like Tobacco Advertising Case, and R v Secretary of State for Health, illustrate the implications of these articles.
• The ECJ's case law on Article 114 impacts the boundary between EU and national competences.
• The Internal Market involves legislative reform and the SEA.
• The judicial contribution can be seen through the ECJ, with specific reference to Article 258 TFEU and direct effect.
• Techniques of economic integration include EU law prohibiting national rules that hinder cross-border trade and positive integration (harmonization of national rules).
• The single market involves issues revolving around its relationship with the economic and social dimensions of EU policy.
• Various aspects of the single market, including the political dimension of integration, have been explored.
• Consumer interest and commercial power are important considerations.
• There are often tensions between economic integration and social equity/protection.
• The judicial contribution of the ECJ is vital in interpreting the Treaty and promoting the single market.
• The ECJ's rulings concerning the Single European Act are discussed in context.
• The role of the Commission in driving integration, particularly through the White Paper, is significant.
• Important aspects of the Single European Act(SEA) are discussed in detail.
• The ECJ's case law on Article 114 covers issues such as the limits of the article, the application to fiscal provisions, and the need for proportionality.
• The need for harmonization and standardization is highlighted.
• The relationship of Article 114 and Article 36 is discussed.
• Cases like Tobacco Advertising Case and R v Secretary of State for Health (C-210/03) & ex p Swedish Match (2004) are crucial to understand the limitations of Article 114.
• The relationship between harmonisation and Article 36 is multifaceted, especially concerning possible exceptions.
• Cases concerning mutual recognition are vital in understanding the nuances of internal market legislation.
• The concept of ‘mandatory requirements' emerges as a crucial defense for national rules that may limit free movement within the internal market.
• The single market's rationale, particularly in the context of its objectives, is analysed.
• The case law concerning quantitative restrictions and measures having equivalent effect, particularly Cassis de Dijon, is highlighted.
• Both direct and indirect discrimination are central to free movement.
• The relationship between Member States' regulatory autonomy and EU integration is explored.
• Detailed discussions on several aspects of the Internal Market's development and legal frameworks are outlined across various sections.
• The meaning and application of Article 36 in the context of free movement restrictions is discussed thoroughly.
• A significant amount of case law has been analysed throughout the course.
• The Treaty provisions concerning the free movement of capital are crucial aspects of the Internal Market.
• The history of EMU, or the European Monetary Union, as well as the roles of the ECB and the ESCB.
• The implications of the Treaty provisions on establishment and services to companies and individuals are thoroughly explored.
• The detailed provisions of the different Treaty articles concerning freedom of movement of goods, workers, services and capital are discussed in detail.
• The various qualifications, exceptions and special cases under scrutiny are comprehensively explained.
• Article 110 is central to the treatment of taxation and discrimination against imported products.