Features of the functioning of the goods’ free movement in the European Union

Abstract

The paper is devoted to the study of the EU internal market. It was determined that the main goals of creating an internal market were to stimulate economic growth in the region, improve the quality and availability of goods and services, and reduce prices. The free movement of goods is one of the key freedoms of the EU's internal market and is seen as the basis of EU policy, as it offers producers access to member states' markets and consumers a wide range of goods. The main historical moments of the formation of the free movement of goods are considered, namely the reduction of customs barriers between countries and the establishment of a unified customs policy for third countries through the European Customs Union; abolition of customs duties between member states since 1968; harmonization of national legislation. It has been established that today the free movement of goods means that EU countries do not have to charge customs duties on goods produced in the EU when they cross the border, or on goods produced in third countries when they enter the EU. In addition, charges having an equivalent effect on trade or quantitative restrictions on imports are also prohibited. At the same time, it is determined that the provisions of Art. 36 of the Treaty on the Functioning of the EU allows member states to take measures that have an effect equivalent to quantitative restrictions if they are justified by general, non-economic considerations. However, the arguments used by member states to justify import or export barriers were interpreted by the EU court quite strictly, using the proportionality criterion. It is well-founded that one of the problems faced by EU member states is that belonging to the single market means that a single country does not have the right to refuse the sale of products produced in other countries of the Union, which is considered acceptable. The use of restrictive measures provided for in Art. 36, which may impede the free movement of goods, require a scientific analysis to demonstrate the existence of a risk.