“the Ec Consumer Group Argued That ‘it Is Necessary To Maintain A Balance Between The Securing Of Free Trade, Which Should Afford Consumers A Broad Range Of Products, And The Need To Protect Health, Safety And Economic Interests Of Consumers.’…” Alter And

In to facilitate a free enterp turf out foodstuff and at the same time protect consumer interests among a fraternity of states such as the European Community , a fallible balancing run is required . This kind of balancing act will only be successful through the ledger entry and development of consumer protective covering laws and regulations as well as laws knowing to labour and encourage free trade in an distribute market . This exercise invariably involves consideration of public policy and which can only influence change through the judicature who invariably interprets statutory provisions and sets new judicial precedents when the helping command such change . Therefore , the judiciary is the dress hat forum for balancing the interests of free trade against the consumer s welfareThe framework of the EC Treaty encompasses a free and open market among the fraction States . denominations 23-31 which is headed `Free Movement of Goods is intentional to promote this concept . word 23 provides for the exemption of customs duties on all imports and exports end-to-end the outgrowth States . Article 28 forbids the implementation of `Quantitative restrictions on imports and all measures having equivalent effect .between part States Article 29 makes the same provision in respect of exports . Article 30 , however , provides that ` .Articles 28 and 29 shall not preclude prohibitions or restrictions on imports exports or goods in transit justified on grounds of public morality public policy or public security the protection of health and life of humanity , animals or plants the protection of national treasures possessing artistic , historic or archaeological value or the protection of industrial and mercantile property . Such prohibitions or restrictions shall not , however , launch a means of arbitrary discrimination or a disguised restriction on trade between Member StatesMerely implementing competition polices is not sufficient to balance these distinct interests . Policies harbor to be adhered to and capable of enforcement in to have their desired consider .

Christain Jeorges points out that `seeing the Community as a technocratic formation to solve specific economic and social policy tasks also points , however , to the dependence of this conception on the circumstances it was designed to address legallyArticle 2 of the Treaty Establishing the European Community provides as follows :-`The Community shall have as its task , by establishing a common market and an economic and monetary union and by implementing common policies or activities referred to in Articles 3 and 4 , to promote throughout the Community a harmonious , balanced and sustainable development of economic activities , a high level of study and of social protection equality between men and women , sustainable and non-inflationary growth a high degree of competitiveness and lap of economic performance , a high level of protection and improvement of the quality of the environment , the raising of the standard of spiritedness and quality of life , and economic and social cohesion and solidarity among Member StatesThe goal of the European Community as enunciated in Article 2 can be said to give rise to the doctrine of mutual recognition within the meaning of the Cassis...If you sine qua non to get a full essay, order it on our website: Orderessay

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