In Memoriam Keck: the reformation of the EU law on the free movement of goods

Abstract:

The Keck jurisprudence of the Court of Justice of the European Union (CJEU) constituted an important milestone in the effort to develop workable principles for the interpretation of art.34 TFEU in a way that would not jeopardise the ability of Member States to regulate their economy and pursue other public policy objectives than promoting trade.

Yet it seems that the Keck era has come to an end. In its most recent case law on the free movement of goods the Court returned to an overbroad definition of measures equivalent to quantitative restrictions (MEQR) and restricted the legal categorisation approach previously employed in favour of one relying on the balancing of conflicting interests and values.

The study explores the rise and progressive demise of the legal categorisation approach before focusing on the return to a broad definition of MEQR with a re-interpretation of the market access rule. The broader implications of this approach are then examined, in particular the reformation of the free movement of goods EU law in the era of the EU/Canada Comprehensive Trade and Economic Agreement (CETA) and the ongoing negotiations on the Transatlantic Trade and Investment Partnership ( TTIP).

Sweet and Maxwell: European Law Review http://www.sweetandmaxwell.co.uk/catalogue/productdetails.aspx?recordid=427&productid=6968

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