Research Title:
The ECJ has been a key institution in the community in integrating the laws of the MS. Nowhere is this more obvious in relation to national laws on free movement of goods.
With reference to the EC law on free movement of goods, cortically discuss whether the decision of the ECJ in this area either confirm or disprove this statement.
Introduction
As the raison d 'etre of the common market, the free movement of goods may be regarded as a fundamental freedom common to all states holding membership of the European Community. The role of the European Court of Justice as a decision-maker is critical in maintaining and ensuring that free movement can prevail between the United States of Europe. Its effectiveness in this capacity is determined by the outcome of cases where member state legislation is put to the test in terms of whether or not it breaches EC legislation for freedom of movement.
A plethora of cases have demonstrated that the ECJ takes seriously any attempts to restrict movement on the part of member states ' legislatures. On the contrary, the European Court has consistently interpreted the relevant Treaty provisions in such a way as to give maximum effect to the basic objective: common goods must be able to move freely throughout the common marketplace. The single market aims to bring economic benefits to consumers, with the various benefits that affords the community, such as economic advantage to consumers, stimulated marketplace competition, and improved product choice. Ultimately, this author will conclude that the manifold and divers decisions of the ECJ in relation to relevant case law unequivocally confirms the above statement.
EC Treaty provisions encouraging the free movement of goods
The concept of free movement of goods may be seen as stemming from Article 14 EC of the Treaty 1 which defines the single market as:
"an area without internal frontiers in which the free movement of goods, persons,