Aspects of the principle of free movement of goods in the European Union and any possible implications for Malta

Abstract

The thesis is divided into two parts. The first part of the thesis examines the rules, found in Articles 30 to 36 of the EC Treaty, prescribing the elimination, as between Member States, of quantitative restrictions on the import and export of goods and of all other measures having equivalent effect. First, the meaning and interpretation given by the European Court of Justice of the prohibition of quantitative restrictions on imports and measures having equivalent effect, found in Article 30 EC Treaty, is discussed. This is done by analysing the meaning of quantitative restrictions and of measures having equivalent effect to quantitative restrictions in the light of rulings by the ECJ and also in the perspective of Directives of the Commission. The approach of the ECJ and of the Commission as regards distinctly and indistinctly applicable measures having equivalent effect to quantitative restrictions are examined, importance is more given to the latter measures, particularly as regards the notion of the rule of reason and the notion of mutual recognition. Solutions are proposed for problems arising from the said rule. Article 34 EC Treaty providing for the elimination of quantitative restrictions and measures having equivalent effect on exports is then analysed. Finally the rules governing possible justifications for non-tariff barriers to trade as found in Article 36 and as interpreted by the ECJ are examined. The second part of the thesis deals with an examination of the consequences and implications of the rules found in Articles 30, 34 and 36 EC Treaty on certain Maltese legislation governing the importation into Malta of goods originating in the EU and governing the exportation into the Community of Maltese goods, as a result of Malta's membership in the EU. Suggestions and amendments to Maltese law are proposed to achieve conformity with EU law, which will be mandatory on Malta, upon becoming member of the European Union.