The Treaty on the Functioning of the European Union .
The Treaty on the Functioning of the European Union (TFEU) is among a set of treaties known as the Treaties of the European Union. The treaties form the constitutional basis of the European Union. The TFEU is one of the two core functional treaties.
It was signed originally in Rome in 1958 and it established the European Economic Community and lay out how the European Union should operate.
The TFEU sets out the details on operations, role and policies of the European Union. Article 34 of the TFEU provides that, “Quantitative restrictions on imports and all measures having equivalent effect shall be prohibite between member states.”
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It is evident from the case law that has been decide by the European Court of Justice that the letter and the spirit of the Treaty is that there should essentially be no restrictions to trade within the European Union member states.
Municipal legislation in some of the member countries has tended to impose some restrictions on marketing of goods. While the court has agreed that certain amounts of restrictions are acceptable. There ought to be uniformity of application of the European Union law.
The Treaties should provided law which should override local legislation and thus bring about uniformity and certainty within all jurisdictions. Having restrictive practices in certain countries results in a claw back on gain that had made on achieving a free market.
Craig, Paul., de Búrca, Gráinne, EU Law, Text, Cases and Materials (4th ed.), (Oxford: Oxford University Press, 2007). pp. 677–679.
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