The Integration of the European Community and Third States in Europe: A Legal Analysis

By Andrew H. Evans | Go to book overview

2
Trade Liberalization Requirements

2.1 INTRODUCTION

Agreements between the European Community and third states may reproduce trade liberalization provisions contained in the EC Treaty. Such reproduction has taken place, for example, in the Free Trade Agreements of 1972 between EFTA States and the Community; the Europe Agreements between Central and Eastern European States and the Community; and the European Economic Area (EEA) Agreement between EFTA States and the Community. The Free Trade Agreements were concerned with liberalization of trade in goods,1 the Europe Agreements concern not only goods2 but also the movement of persons,3 services,4 and capital,5 while the EEA Agreement reproduces EC Treaty provisions governing the 'four freedoms' generally.6 However, the operation of EC Treaty provisions has been heavily dependent on their interpretation by the European Court of Justice. Unless provisions of agreements between the Community and third states are interpreted in the same way as corresponding provisions of the EC Treaty, such agreements may not entail the same far-reaching trade liberalization requirements as the Treaty.

The EEA Agreement seeks to take account of this consideration. Article 6 thereof stipulates that provisions of the Agreement which are substantially identical7 with those of the EC Treaty are to be implemented and applied in accordance with the established case law of the Court of Justice. Arrangements are also made in Article 105 and 111 of the Agreement with a view to ensuring that future developments in such case law are not disregarded in EEA law.8

However, the Court of Justice does not determine the requirements of EC Treaty provisions solely by reference to the terms of the individual provision

____________________
1
See, e.g. Art. 1 of the Swedish Free Trade Agreement.
2
Art. 7 of the Polish Agreement.
6
Art. 28-45 of the EEA Agreement.
7
The terminology 'textually identical', which was employed by the Court in Opinion 1/92 ( Draft Agreement between the Community, on the one hand, and the countries of the European Free Trade Association, on the other, relating to the creation of the European Economic Area) [ 1992] ECR I-2821, I-2844 may be preferable, in that it does not have the same question-begging character. The French version of the ruling employed the term 'identiques'. The Title of Prot. 34, on the Possibility for courts and tribunals of EFTA States to request the Court of Justice of the European Communities to decide on the interpretation of EEA rules corresponding to EC rules, refers to 'corresponding rules' but Art. 1 of the Prot. to 'provisions . . . identical in substance'.
8
See sect. 8.5.3 below.

-11-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Integration of the European Community and Third States in Europe: A Legal Analysis
Table of contents

Table of contents

  • Title Page iii
  • Preface v
  • Contents vii
  • Abbreviations xvi
  • Tables xix
  • 1 - Introduction 1
  • Part 1 - Trade Liberalization and Other Requirements 9
  • 2 - Trade Liberalization Requirements 11
  • 3 - Requirements Other Than Those of Trade Liberalization 85
  • Part 2 - Harmonization 149
  • 4 - Administrative Harmonization: Competition Policy 151
  • 5 - Legislative Harmonization: the 'Four Freedoms' and Beyond 229
  • Part 3 - Institutional Involvement 267
  • 6 - Joint Decision-Making 269
  • 7 - Committee Work 320
  • 8 - Judicial Control 340
  • 9 - Conclusions 380
  • Bibliography 391
  • Index 411
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 413

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.