Free movement of the goods, reflecting the principle of mutual recognition of single market

• Author: Maria Gheorghe Isabela - Gratiela Ana-Maria Marcu
• Position: Teacher Assistent, Faculty of Law and Public Administration Rm. Vilcea, Spiru Haret University - Teacher Assistent, Faculty of Law and Public Administration Rm. Vilcea, Spiru Haret University
• Pages: 122-126

FREE MOVEMENT OF THE GOODS, REFLECTING THE PRINCIPLE

OF MUTUAL RECOGNITION OF SINGLE MARKET

Isabela Maria Gheorghe

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Graţiela Ana-Maria Marcu

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Abstract

In reference to the free movement of goods the removal of national barriers within EU

is one of the principles contained in the EU Treaties. Starting from a traditionally

protectionist approach EU countries have continuously removed restrictions in order to form

a common or single market.

Key words: goods, movement, market, state.

Introduction

Free movement of goods is one of the basic principles of functioning of the European

single market. Accordingly to art. 28 şi 29 ECT quantitative restrictions are prohibited

between Member States both when refer to the import and export and all measures having

equivalent effect. EU Treaty gives member states the right to limit the free movement of goods

when there is a specific common interest such as environmental protection, public health or

public policy. To stress, if importing a product is deemed by national authorities of the

Member State as a potential threat to public health, public morality or public policy, the

authorities can deny or restrict access to its internal market. Examples of such products:

genetically modified food or certain energizing beverages. Although generally there are no

restrictions regarding the purchase of goods in another member state, as long as they are for

personal use, there are a certain number of European restrictions for some certain categories

of products such as alcohol and cigarettes.

Within the single market area basically works the principle of origin rule. This

principle ensures compliance with the principle of subsidy, by creating detailed rules at EU

level in strict conformity with local, regional and national traditions, which make it possible

to maintain the diversity of products and services and economic integration. The Commission

monitors the way of compliance of member states to these principles and prepares assessment

reports every two years by which the member states are advised about the problems and

solutions that are needed. Inoculating these principles acquires as targets citizens and

economic operators through a twofold action at the Commission, and the second to the

member states.

In order to enforce the mutual recognition of the principle of free movement of goods,

namely to eliminate or reduce barriers that hinder goods trade, the Commission intends to

conclude an international agreement within the GATS under the aegis of OMC. Although the

EU has pledged to remove all internal barriers that hinder the free movement of goods, not all

sectors have been liberalized. The European Union decided to bring under regulation at

European level, the economic sectors which might present a greater risk for European citizens

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Teacher Assistent, Faculty of Law and Public Administ ration Rm. Vilcea, Sp iru Haret University,e-mail:

i.gheorghe.dvl@spiruharet.ro

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Teacher Assistent, Faculty of Law and Public Administration Rm. Vilcea, Spiru Haret University,e-mail:

g.a.m.marcu.dvl@spiruharet.ro