The use of EU law

Interesting story in today's Guardian. Apparently the UK is considering using EU Law to "ensure the Spanish government allows the free movement of people across the border with Gibraltar". One to watch. I can't but help note that the desire to opt-out of anything connected with the EU declines when the advantages to the UK are obvious. Hence the pressure to opt out of the European Arrest Warrant - demanded by the Eurosceptics - is being resisted by the Prime Minister and Home Secretary.

I'm currently marking essays on Free Movement (of Goods). It's another area where consumers have seen the advantages of being in the EU. Customs duties and "charges having equivalent effect" on goods imported and exported within the EU are prohibited. (TFEU) Article 30. Of greater practical significance is the prohibition on "Quantitative restrictions...and measures having equivalent effect [MEQRs]" (TFEU Arts 34 & 35). The case law demonstrates the clever wheezes Member States came up with to discourage goods from other Member States coming in and competing with national products.

Bresciani - a case where a charge was imposed for compulsory veterinary and public health inspections carried out on imports of raw cowhides - even when home country inspections had been undertaken and the cost was disproportionate.

Schottle - charges made for freight involving long distance road journeys, but not short journeys (in other words within Germany)

Dassonville - Belgian requirement that all importers of Scotch whisky have a British certificate of authentication. Direct imports to Belgium would generally have these. Imports from (usually a cheaper source) in another country where such certificates are not required could be discouraged.

Schloh v Auto Controle Technique - Test for imported cars (requiring a fee), even when the car had a certificate of conformity with Belgian rules.

Commission v France (21/84) - French authorities consistently refused to approve postal franking machines from other Member States.

Commission v France (C-265/95) - French authorities had failed to police demonstrations where imported goods were seized and destroyed. Cassis de Dijon - ban on sale of alcohol which had "insufficient alcoholic strength", favouring the German version of 'Cassis' but banning the French version.

Cassis de Dijon - ban on sale of alcohol which had “insufficient alcoholic strength”, favouring the German version of ‘Cassis’ but banning the French version.

In each of these cases the European Court held that the ploy was illegal & couldn’t continue. As a result we as consumers have greater choice.

[This article also appears on my new Blog "Positively European". That website, unlike Washminster, is not primarily an educational website. Instead it seeks to provide some balance to the strongly eurosceptic bias within the UK Press. Please feel free to take a look]

EU Law - not just an academic subject!

In order to gain a "Qualifying Law Degree" in English Law, it is necessary to have a solid grounding in EU Law. Since Britain joined the EEC (now EU)  in 1973 - it has become as much a part of English law as statutes passed at Westminster and as cases decided within English Courts. [see European Communities Act 1973 s2].

There are some excellent textbooks & casebooks available. But the practical details of the law - the rights it gives to European citizens; to persons trading or working in other Member States; can be found in literature available from the EU institutions.  Sometimes these can be a lot more readable than some academic texts.

It can also be useful to consider how the rules make a difference to individuals (a useful approach for lawyers!)

So here's a short list of links:-

Free Movement of Persons

Looking for work abroad
Cross-border Commuting
Retirement - other than in one's country of origin
Free Movement for EU nationals
How to enforce your rights

Free Movement of Goods & Services

Goods
Services

EU citizenship

There's a question and answer publication by ECAS ['50 Q & A about your rights as a citizen of the EU'] available here.
and from the London Office of the European Commission:
What's in it for me: http://ec.europa.eu/unitedkingdom/pdf/the_eu_for_me_web.pdf
Your Europe: Your Rights: http://bookshop.europa.eu/en/the-euro-area-pbKC3112553/

Consumer Rights

One of the greatest impact of membership of the EU on individuals, is the way that goods can move more freely - increasing choice - and very importantly, the EU has developed safeguards and rights for consumers.

Large companies can try to carve up the market for their own advantage. To avoid that Competition Law and the principles of the Free Movement of Goods has been developed. Often these companies - or trade groups - have lobbied their government for restrictive rules to promote their interests. The EU has challenged many of these attempts. A key case is known as the 'Cassis de Dijon' case - which established the presumption that if goods were legally on sale in one country, they should be able to be sold in all other member states. The onus is put on the State attempting to restrict imports (or exports) to justify the restriction. [The decision can be read here]

The following is a programme about the Single market - and its advantages and disadvantages.



More videos on Consumer rights can be accessed at http://europarltv.europa.eu/en/themes/consumer-rights.aspx