Yury Yumashev
The Free Movement of Goods in European Union: Non-Tariff Barriers
2009.
No. 3.
P. 75–84
[issue contents]
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.
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.
Citation:
Yumashev Y. (2009) Svoboda dvizheniya tovarov v ES (netarifnye ogranicheniya) [The Free Movement of Goods in European Union: Non-Tariff Barriers]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 75-84 (in Russian)
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