The trading conditions
This essay will look at how Member States can derogate from the trading conditions governed by European Community (EC) rules, starting with a brief account of those rules. The derogations available under Treaty will then be detailed, followed by derogations developed by Community law. The issue of proportionality is a key element for most, if not all, derogations. I will look at how this issue can affect the judgments arrived at by the European Court of Justice (ECJ).
I will conclude by looking at issues that seem to require further attention by all parties involved in issues of derogating from EC trading rules, for instance clarity of terminology. A fundamental aspect of the European Union concerns trading conditions between Member States, for which the EC Treaty2 expects the structure to be that of a customs union. 3 Article 23(1) (ex Art. 9(1)) states this clearly and lists the actions required to achieve this. Articles 28 & 29 (ex Art. 30 & 34)4 prohibit Member States from imposing quantitative restrictions on imports and exports respectively.
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