Property Rights And The EU
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Property Rights and the EU
Summary
The European Community aims to create a common market and harmonize the economic policies of its Member States. This common market involves eliminating tariffs and trade barriers among Member States, setting up a Common External Tariff for non-EU countries, and ensuring the free movement of goods, labor, and capital.
Article Body
The European Community, also known as the European Economic Community, focuses on establishing a common market and aligning the economic policies of its Member States. A common market is defined as a region where two or more Member States remove tariffs and trade barriers, establish a Common External Tariff with non-EU countries, and uphold the principle of free movement of production resources (i.e., goods, labor, capital) within their territory.
A fundamental principle of the European Union is the free movement of goods among Member States. Therefore, any restrictions on imports or exports that might hinder this movement are prohibited unless explicitly permitted by EU law. EU institutions work diligently to foster a commercial network free from customs duties, quantitative restrictions, and similar charges.
Although Member States may try to impose restrictions to protect their interests, the Court of Justice ensures the application of EU laws. Free movement means no regulations or restrictions at Member States' borders, as outlined in Articles 25, 28, and 29 (formerly Articles 12, 30, and 34). The Court of Justice acts as a "guardian" by examining the legal basis and purpose of any charges imposed.
These restrictions must not result in arbitrary discrimination or disguised trade barriers. A Member State can invoke Article 30 (formerly Article 36) to justify restrictions only if no less restrictive measure could achieve the same objective concerning the free movement of goods.
While the Treaty does not specify exceptions, the Court has previously allowed charges for tasks required by EU law or for services rendered. For Articles 28 and 29 (formerly Articles 30 and 36), the Court introduced the "Rule of Reason," permitting restrictions on goods as long as they are approved by the Court of Justice.
In conclusion, the burden of justifying a measure falls on the concerned Member State and the Court of Justice. In disputes over industrial and commercial property rights between private parties, the responsibility lies with the party opposing the importation or sale of the product. Except for measures related to public policy or morality, any other restrictions that might jeopardize the free movement of goods require Member States to inform the Commission. This enables the Commission to address issues affecting the internal market, benefiting both businesses and consumers.
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