What does Article 34 TFEU do?
What does Article 34 TFEU do?
THE TREATY PROVISIONS — Article 34 TFEU, which relates to intra-EU imports and prohibits ‘quantitative restrictions and all measures having equivalent effect’ between Member States; it reads ‘Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’.
What is EU harmonisation?
Harmonisation, also known as standardisation or approximation, refers to the determination of EU-wide legally binding standards to be met in all Member States. The creation of an internal market, which has been one of the main objectives of the EU, requires the harmonisation of some rules concerning inter-State trade.
Under which conditions does a certain selling arrangement fall outside the scope of Article 34 TFEU according to the Keck Judgement?
Importantly, the field of application of Article 34 of the TFEU is limited by the Keck judgment, which states that certain selling arrangements fall outside the scope of that article, provided that they are non-discriminatory (i.e. they apply to all relevant traders operating within the national territory, and affect …
What is meant by the term minimum harmonisation IDD?
The IDD is a minimum harmonising directive, allowing Member States to introduce additional provisions or to bring additional activities into the scope of the regulations. The IDD does not stop Member States from keeping or introducing more stringent provisions, as long as they are consistent with the directive.
What is meant by the term minimum harmonisation?
Minimum harmonisation is a term used in European Union law. If a piece of law (usually a directive but occasionally a regulation) is described as minimum harmonisation, it sets a threshold that national legislation must meet but may exceed the terms of the legislation.
Can fundamental rights be suspended during martial law?
Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of armed forces, para-military forces, police forces, intelligence agencies and analogous forces.
How did the Court of Justice change its interpretation of Article 34 TFEU in its decision in the Keck case?
The Court decided that not only was this not a case of a selling arrangement (as in this case the contested rule concerned a prior-to-sale stage), but also that there was no breach of Article 34 TFEU, since the rule-in-question was not a product rule, as the substance of the good would not have to be altered.
What is a certain selling arrangement in EU law?
The ‘selling arrangement’ is a judicial device which removes national law. from the scrutiny of European Community law relating to the free movement. of goods. National provisions affecting the marketing of products may fall for. consideration as ‘selling arrangements’ where the treatment of the domestic.