The pioneering judgement in Keck1 differentiated product requirements and selling arrangements. Justified by the effect on market access, the latter was held to be outside of the ambit of Article 34 TFEU, prohibiting all measures having equivalent effect to quantitative restrictions on imports2 between Member States. This was widely interpreted in Procureur du Roi v Dassonville3 to preclude the totality of trading rules implemented by Member States that are capable of either directly, indirectly, actually or potentially, hindering intra-Community trade, as measures having equivalent effect.4 In Keck, the European Court of Justice (ECJ) aimed to clarify case law5 after Article 34 was increasingly invoked by merchants challenging national trade regulations insofar as the impact on the free movement of goods was negligible.6 However, it received much criticism for its apparent contradiction of the application of EU laws of free movement of goods, most notably the judgements in Dassonville and ‘Cassis de Dijon,’7 which followed the Treaty’s objective of a single market. “The most authoritative assault ever mounted on the reasoning in that judgement,”8 Advocate General Jacobs’ (AGJ) criticism of Keck in Leclerc-Siplec 9, will be examined throughout in accordance with the differing theories concerning the approach of Article 34. AGJs’ condemnation of Keck stems from the Court’s apparent disregard of the Treaty’s objectives of a single market.10 The formalistic approach, focusing on legal and factual equality, allows for a test of discrimination resulting in trade restrictions being tested against local conditions. This is contrary to the aims of access to the Community market in its entirety,11 which requires the abolition of all subst... ... middle of paper ... ...Access: A Concept or Slogan?”, 47 CML Rev. (2010). Peter Oliver, “Some Further Reflections on the Scope of Articles 28–30 (ex 30–36) EC” 36 Common Market Law Review. (1999) Stephen Weatherill, “After Keck: Some Thoughts on how to Clarify the Clarification”, 33 Common Market Law Review. (1996) Online Articles Felicitas Parapatits, “The influence of the (post) Keck Case Law on the Freedom to Provide Services,” Univeristy of Vienna (2012), accessed 8 November 2013. Elin Sironey, “The Limit of Article 28 EC - The Ten Year Development of Keck and Mithouard,” Faculty of Law of the University of Lund, (2003), accessed 8 November 2013.
The Harvard Law Review Association. (2005). The Debate over Foreign Law in Roper v. Simmons. Harvard Law Review , 119 (1), 103-108.
9. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003). Legal Studies for Queensland, Volume 1, ForthEdition, Legal Eagle Publications: Queensland. 10. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003).
Simmonds C., ‘Paramountcy and the ECHR: a conflict resolved? [2012] Cambridge Law Journal Vol. 71 Issue 3, 498-201
Drumbl, M. B. (2007). International Decisions. American Society of International Law , 101 (4), 841-848.
Levy, Robert. "Cato Institute." National Law Journal (2013): n. pag. Cato Institute. Web. 09 Oct. 2013.
H W R Wade ‘The Basis of Legal Sovereignty’ (1995) 172 Cambridge Law Journal 186.
Bamforth,N. Int. Jnl. Of constitutional law. Current issues in United Kingdom constitutionalism: An introduction 2011 9 (1) 79-85 doi: 10.1093/icon/mor029 (Date of Access: 12/12/11)
Prof. Jeffrey A. Brauch, The Margin of Appreciation and the Jurisprudence of the European Court of Human Rights: Threat to the rule of law, Vol.11, Columbia Journal of European Law (2004-2005)
This concludes my summary of lessons gleaned from the course BSL 301 Legal Research, Writing, and Analysis referencing Honigberg, G. "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed. BarBri Group, 2006.
After the failed International Trade Organization, Rodrik discusses the Bretton Woods Agreement, the transition from the General Agreement on Tariffs and T...
Solution." Indiana Journal Of Global Legal Studies 18.2 (2011): 901-927. Academic Search Complete. Web. 26 Apr. 2014.
First, the structure of the framework strongly supports an extensive analysis of the directive and of the context in which it was formulated and implemented. Second, each element is important when trying to clarify how a policy is created in the European Union and the impact of the policy on businesses. The 'issue' element provides an opportunity to explain the content of the directive. The 'actors', 'interests','arenas' and 'assets' elements describe and illustrate the power play involved in European Union policy formulation and implementation and the place occupied by businesses. The 'information' element demonstrates the ever increasing importance that knowledge has within the European Union and how it can be used by businesses. Finally, the design of a non-market strategy supported by the (IA)3 framework enables a firm to become active and not only adapt to a certain policy but also gain an opportunity to influence the environment within which it is
Rackley, E (2010). In Conversation with Lord Justice Etherton: Revisiting the Case for a More Diverse Judiciary. Public Law
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...
Weiler, Joseph H.H.: «Community, Member States and European Integration: Is the Law Relevant?», Journal of Common Market Studies 21 (1982), pp. 39-56.