Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. However, as this work reveals, there are some significant differences in the jurisprudence on the free movement of goods between the EFTA Court and the ECJ that threaten the legal harmony of the EEA and could potentially lead to an uncertain trade climate between the two trade groups.
A Comparison of the Jurisprudence of the ECJ and EFTA Court on the Free Movement of Good in the EEA: Is There an Intolerable Separation of Article 34 of the TFUE and Article 11 of the EEA?,
San Diego Int'l L.J.
Available at: https://digital.sandiego.edu/ilj/vol17/iss1/3