Judicial politics of the EU Court of Justice Coursework

Judicial politics of the EU Court of Justice - Coursework Example The free movement of goods would endorse production efficiency because the entire process would make various countries’ producers compete directly in the open market. For the purpose of following the free movement of goods notion, the internal trade barriers that lead to discriminatory restrictions among the EU states should be removed. Thus, the member states under EU should abstain from inflicting the trade restrictions on exports, imports or transit goods among themselves. However, after passing of nearly six decades, true freedom of movement of goods by the member nations is not enjoyed within the European Community. Various obstacles impede on the free movement of goods inclusive of explanation of the European Court of Justice (ECJ) towards general provisions concerned on the goods’ free movement under the EC treaty. The obstacles are also inclusive of several exceptions to the general provisions of Articles under the EU. In this research paper, the first section will present considerable background discussion towards the EU Court of Justice’s judicial politics. The second section will evaluate the interpretation of the ECJ’s general provisions on the EC treaty towards free movement of goods. The third section will be presented in the form of analyzing and discussing various cases that led to crucial judgments of the EU Court of Justice. In the last section of the research paper, conclusion will be drawn for determining the level of viability of the European Commission’s statement that signified the free movement of goods as one of the success stories of the European project. 2.0 Background Discussion of judicial politics of the EU Court of Justice In the European Community (EC), a number of judicial politics prevail. The background discussion of the judicial politics can be supported by the case C-70/88, European Parliament vs. Council. In the case, it was proved that the protect ion of the Parliament under the system is not effective enough as in the case the Commission displayed the shortcomings by taking the Council’s side with respect to the selection of the appropriate legal base for the regulation in concern. It was evolved in the case through Advocate General Van Greven that the Parliament should be granted limited action rights for defending its own privileges.2 From the judgment in the case, it was recognized by the ECJ that the prevailing legal remedies were not completely liable to provide guarantee in all the circumstances that a measure would be reviewed