Study On The Free Movement Of Goods Of European Union

Along with the formation of single market in European Union, the principleof free movement of goods becomes more important, and it’s the basic principle,which is one of the success stories of the European project. Because of thepromotion by the principle of free movement of goods, the free movement ofgoods within the European Union is gradually achieved, and it also has positiveeffects on the free movement of capitals, services and persons. In this way, thesingle market within EU is strengthened. Besides, the China-ASEAN FreeTrade Area was established two years ago, it needs to learn from the EU,especially the experience of free movement of goods, which will promote thefree movement of goods between China and ASEAN.This paper make the principle of free movement of goods as breakthroughpoint, and it mainly discuss the following questions: what’s the applicable scopeof article34,35and36TFEU? How to apply34,35and36TFEU to guaranteethe principle of free movement of goods? What’s the enlightenment that the China-ASEAN Free Trade Area can learn from the principle of free movementof goods?Except the Forward and Conclusion, this paper can be divided into six parts,and there are about34,000words.The first part: it introduces the historical development of principle of freemovement of goods. Moreover, it analyses the position of principle of freemovement of goods in the internal market, and finds the principle plays animportant role to wipe out the trade barriers, thus, it’s necessary to study theprinciple of free movement of goods.The second part: it analyses the general notions of free movement of goodsof EU. The meaning of goods, transit trade, addressees and so on, which areapplicable among34、35and36TFEU.The third part: it analyses the content and applicable scope of34TFEU. Asa basic article,34TFEU mainly regulates that Member State prohibits importing from other Member States by improper means. The applicable scope of34TFEU determines the applicable scope of principle of free movement of goods.Meanwhile, combined with cases decided by the ECJ, it describes quantitativerestrictions, measures of equivalent effect, selling arrangement, the principle ofmutual recognition, and typical barriers.The fourth part: it analyses the applicable scope of35TFEU, whichprohibits Member State exporting to other Member States by improper means.Furthermore, the interpretation of35TFEU also changes along with thedevelopment of case law.The fifth part: it mainly analyses the exceptions for the application of34,35TFEU, which Member States can rely on. It helps the Member States to notapply34and35TFEU. The application of principle of free movement of goodscan be excluded only in two reasons, one is36TFEU, the other one is themandatory requirement.The sixth part: it considers the influence on the China-ASEAN Free TradeArea that brought by the principle of free movement of goods. It further discusses how the newly established China-ASEAN Free Trade Area to learnfrom the principle of free movement of goods, and there are a few suggestionson this issue.