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How Member States can derogate from the trading conditions governed by European Community (EC) rules
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European Union Law - LLB Law and Institutions of the European Union LL255 "[D]erogation ... a temporary waiver from a regulation or ... directive."1 Introduction This essay will look at how Member States can derogate from the trading conditions governed by European Community (EC) rules, starting with a brief account of those rules. The derogations available under Treaty will then be detailed, followed by derogations developed by Community law. The issue of proportionality is a key element for most, if not all, derogations. I will look at how this issue can affect the judgments arrived at by the European Court of Justice (ECJ). I will conclude by looking at issues that seem to require further attention by all parties involved in issues of derogating from EC trading rules, for instance clarity of terminology. ************************************************** European Community Treaty * Prohibitions A fundamental aspect of the European Union concerns trading conditions between Member States, for which the EC Treaty2 expects the structure...
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