EU Law: Mutual Recognition and Free Movement

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the potential consequence of a 'race to the bottom' in regulatory standards among EU states?

Increased business between EU states

A level playing field for businesses across the EU

Higher regulatory standards across the EU

A threat to standards in all EU states (correct)

What principle aims to remove obstacles resulting from the multi-state/multi-legal orders dimension of the internal market?

Principle of Home State Regulation

Mutual Recognition Principle (correct)

Homogeneity Principle

Principle of Host State Regulation

What is the main objective of the Centralised/Harmonisation Model?

To limit the powers of the EU in regulatory matters

To replace diverse national norms with a single EU harmonised norm (correct)

To promote regulatory competition among EU states

To give more power to EU states in regulatory matters

What is the main advantage of the Mutual Recognition Principle?

It ensures a level playing field for businesses across the EU Signup and view all the answers

What is the significance of the Cassis de Dijon case in the EU?

It established the principle of mutual recognition Signup and view all the answers

What is the main limitation of the Mutual Recognition Principle?

It can be rebutted by public interest justifications Signup and view all the answers

What is the main difference between the Mutual Recognition Principle and the Centralised/Harmonisation Model?

The Mutual Recognition Principle promotes regulatory competition while the Centralised/Harmonisation Model promotes regulatory harmonisation Signup and view all the answers

What is the main consequence of the shift of power from member states to the EU in the Centralised/Harmonisation Model?

A loss of power for EU states in regulatory matters Signup and view all the answers

What is the main principle behind the mutual recognition approach?

Home country control Signup and view all the answers

According to the mandatory requirements doctrine, under what circumstances can a host Member State impose its rules on imported products?

When the product is deemed to be a legitimate public interest Signup and view all the answers

What is the main difference between dual burden rules and equal/single burden rules?

Dual burden rules apply to production processes, while equal/single burden rules apply to marketing processes Signup and view all the answers

What is the significance of the Cassis case in the context of EU trade law?

It established the principle of mutual recognition Signup and view all the answers

What is the main issue with having multiple requirements for multiple states in the context of EU trade law?

It leads to disparities and obstacles to trade Signup and view all the answers

What is the significance of the Torfaen case in the context of EU trade law?

It established that any indistinctly applicable rule has an impact on the volume of imports Signup and view all the answers

What is the main difference between the Blesgen and Quietlynn cases?

One involves a broad reading of Article 34 and the other involves a narrow reading Signup and view all the answers

What is the main goal of the EU's single market approach?

To reduce disparities and obstacles to trade Signup and view all the answers

What is the main idea of the mutual recognition principle?

To recognize processes and controls of importing states Signup and view all the answers

What was the court's decision in the UHT milk case?

The UK's requirement for second processing was disproportionate Signup and view all the answers

What is the principle of proportionality in the context of trade restrictions?

To choose the least restrictive means of achieving a legitimate objective Signup and view all the answers

What was the outcome of the Cassis, Beer Purity Laws case?

The ban on cassis was ruled disproportionate and misleading to consumers Signup and view all the answers

What is the main idea behind the principle of Homogeneity?

To recognize processes and controls of importing states Signup and view all the answers

What is the purpose of the legitimate objective in the context of trade restrictions?

To achieve a legitimate goal, such as protecting consumers or ensuring safety Signup and view all the answers

What is the result of a variable degree of leeway left to Member States?

The courts are more tolerant of trade restrictions in certain areas Signup and view all the answers

What was the outcome of the Motorcycle Trailers case?

The ban on attaching trailers to public roads was ruled disproportionate and restrictive Signup and view all the answers

Study Notes

Mutual Recognition Principle

No unnecessary duplication of controls already carried out in the home state (UHT milk case)
Recognize processes and controls of importing states, reducing trade restrictions
Proportionality principle: choose the least restrictive means of achieving the objective (Cassis, Beer Purity Laws)

Mutual Recognition and Proportionality

UK's requirement to re-process UHT milk in the UK was disproportionate and unnecessary
EU courts assess restriction of inter-state trade and consider legitimate objectives and proportionality
Degree of leeway left to Member State depending on area/issue (Motorcycle Trailers, Hospital Medical Supplies)

Mutual Recognition and Regulatory Power

Allocates regulatory power to home state, not host state
Deals with problems related to disparities between laws of Member States
Presupposes mutual trust between Member States
Promotes regulatory competition
Underlies the decision of the ECJ in Cassis de Dijon

Mutual Recognition and Goods

Goods lawfully produced and marketed in one Member State are admitted in all other Member States
But note limits: presumption of non-applicability of host state rules can be rebutted by public interest justifications

Centralised/Harmonisation Model

Applies same rules to the whole of the EU, replacing diverse national norms with a single EU/harmonised one
No pressure to race to the bottom/regulatory competition, but takes away power from Member States

Mutual Recognition vs Centralised/Harmonisation Model

Mutual recognition promotes regulatory competition and trusts home country control
Centralised/harmonisation model replaces national norms with a single EU rule, taking away power from Member States

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers the principle of mutual recognition in EU law, including case studies such as the Chocolate case and the UHT milk case, which dealt with the free movement of goods and public health concerns.