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

By Andrew H. Evans | Go to book overview

3
Requirements Other than Those of Trade Liberalization

3.1 INTRODUCTION

Various requirements other than those of trade liberalization may be embodied, explicitly or implicitly, in legal frameworks for integration and may have an impact on the operation of trade liberalization provisions. The usual approach to assessing the impact assumes that it is necessary first to establish whether a particular measure or activity may be prohibited by a liberalization provision at all and then to determine the possibility of an exception being permissible from the prohibition.1 Such an approach presumably has much to do with the preference for regarding legal provisions simply as rules which can be divorced from the underlying features of the legal framework within which they operate.

It is true that the 'two-stage test' employed may sometimes be convenient.2 Where, for example, it is clear that conduct does not fall within the scope of a particular liberalization provision, such an approach avoids the need for a pointless investigation of requirements competing with those with which that provision is concerned.3 Frequently, however, the position will not be clear-cut, and a choice may have to be made whether trade liberalization requirements or other requirements should be given priority. Here analysis based on the two-stage test may often tend to obscure the complexity and varied nature of the interactions which take place between the different requirements.4


3.2 EC TREATY

The EC Treaty expressly recognizes that various requirements, some being of a non-economic character but others being of an economic character, may justify

____________________
1
See, e.g., P. Oliver, The Free Movement of Goods in the EEC ( London, 1988) and J. Steiner, "Drawing the Line: Uses and Abuses of Art. 30 EEC" ( 1992) 29 CMLRev.749-74.
2
Though there may be controversy as to the order of the two stages. See A. Mattera, "De l'arrêt Dassonville à l'arrêt Keck: l'obscure clarté d'une jurisprudence riche en principes novateurs et en contradictions" [ 1994] Revue du Marché Unique Européen117-60, at 129.
3
See, e.g., Case C-23/89 Quietlynn and Brian James Richards v. Southend Borough Council [ 1990] ECR 3059, 3081.
4
See, regarding the need to reconcile the various objectives of an Association Agreement with each other and with particular provisions thereof, Case C-432/92 The Queen v. Minister of Agriculture, Fisheries and Food, ex parte S. P. Anastasiou (Pissouri) Ltd [ 1994] ECR I-3087, I-3132.

-85-

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
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

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

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

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?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 413

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, 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." (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

    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.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.