Keyword Analysis & Research: article 36 tfeu derogations


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What is Article 36 TFEU?

Article 36 TFEU derogations Article 36 TFEU provides exceptions to the general prohibition of Article 34 TFEU. Article 36 TFEU provides the member states with an exhaustive list—in other words, it cannot be added to. Article 36 TFEU allows the member states to restrict the free movement of goods for certain specific reasons only.

What is Article 36 of the Treaty of the European Union?

Article 36 TFEU allows the member states to restrict the free movement of goods for certain specific reasons only. The member states must prove that the national measure is both necessary and proportionate and not fall foul of the second sentence of Article 36. Case 113/80 Commission v Ireland (Metal Objects)

What is the difference between Article 36 TFEU and Cassis de Dijon?

Traditionally, the position of the EU Court is that Article 36 TFEU applies only to directly discriminatory measures, while indirectly discriminatory measures must be judged according to the Cassis de Dijon rule.

Is public policy a derogation from Article 34?

Public policy is a somewhat vague derogation from Article 34. It derives from the common law system, where it refers to the fundamental benefits of the society. However, the EU Court has interpreted this broad category very strictly.


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