The Free Movement of Goods in European Union: Non-Tariff Barriers

  • Yury Yumashev Higher School of Economics

Abstract

The article is devoted to the problem of removing the quantitative restrictions (QR) on imports and all measures having equivalent effect (MHEE) to quantitative restrictions within the European Community internal market according to art. 28 of the EC Treaty. The author underlines the decisive role of the European Court of Justice in shaping legal mechanism aimed at stimulating the freedom of goods in the EC. Three leading cases (Case 8/74 Dassonville, case 120/78 Cassis de Dijon, joint cases C-267 & 268/ 91 Keck et Mithouard) and the practice that followed in this field are thoroughly analyzed thus permitting the author to make a conclusion that the EC tries to find optimal ways of cooperation between the national legislation of member-states and the EC law in order to develop an effective legal instrument for stimulating free movement of goods within the territory of the European Union as a whole.

Author Biography

Yury Yumashev, Higher School of Economics

Head of the Department of International Law, Faculty of Law, State University - Higher School of Economics, Professor, Doctor of Law

Published
2009-01-21
How to Cite
YumashevY. (2009). The Free Movement of Goods in European Union: Non-Tariff Barriers. Law. Journal of the Higher School of Economics, (3), 75-88. https://doi.org/10.17323/2072-8166.2009.3.75.88
Section
Law in the Modern World