Goods and Services in EC Law: A Study of the Relationship Between the Freedoms

The book examines the law of the free movement of goods and services. These two freedoms are fundamental to the Community's internal market and form the basis for an ever-increasing number of economic transactions as the markets of the Member States become more integrated. The book focuses in particular on the relationship between the freedoms, asking whether the same principles can be applied in both fields. The book begins by analyzing the economics of trade in goods and services, and the general legal background. The aim is to establish whether goods and services ought, as a matter of principle, to be treated similarly by Community economic law. The book then moves on to investigate whether the European Court of Justice has in practice applied similar principles in both areas. This is examined in three contexts: the scope of the freedoms, the author of the restrictions, and the issue of the justifications are all analyzed. In the case of a divergent approach, the reasons for the differences are explored, and the possibilities for a uniform solution are investigated. The book also tackles some general questions of EC law. The nature of the internal market is discussed in the context of the scope of the freedoms. The questions posed are whether the internal market is unitary or federal in character and how the theory of regulatory competition should affect the interpretation of the Treaty free movement rules. The relationship between competition law and free movement provisions is addressed in the context of private restrictions to free movement of goods and services. The discussion of the proportionality of restrictions offers a chance to examine the division of power between the courts and legislatures.

INTRODUCTION ; 1. The Free Movement of Goods and Services in the Scheme of the Treaty ; 2. Subject Matter - i. Goods ii. Services ; 3. The Uniform interpretation of the Freedoms ; 4. Terminology ; 5. The Objective of the Study ; RESTRICTIONS ; 6. Vertical Division of Power in the Community and the Scope Given to the Freedoms ; 7. Early Developments - i. Goods ii. Services ; 8. Disparity Between National Rules - i. Goods ii. Services ; 9. Obstacles Created by Truly Non-Discriminatory Rules - i Goods ii Services ; 10. Keck and the Free Movement of Services ; PERSONS BOUND ; 11. Introduction ; 12. Private Parties ; 13. The Community ; JUSTIFICATION ; 14. Introduction ; 15. Treaty Exceptions ; 16. Judicially Created Exceptions ; 17. Proportionality ; 18. Conclusion ; CONCLUSION ; 19. Introduction ; 20. The Approach of the Court - i. Restriction ii. Persons Bound iii. Justification ; 21. Reasons for the Differences ; 22. Proposed Solutions - i. Restriction ii. Private Parties ; APPENDIX ; BIBLIOGRAPHY