Community preference

Last updated

Community preference was a concept in the European Union in which all the member states would be encouraged by the Institutions of the European Union and the Treaties of the European Union to give priority preference to all goods, [1] trade, services, agricultural products [2] and people [1] from their fellow EU member states over all goods, trade, services and people from non-EU countries. [3] [4] [ additional citation(s) needed ] Proponents argued that this would add to the benefits of EU membership by encouraging the member states to trade with each other rather than to trade with non-EU counties who are outside the bloc. It would serve as an integral part of the freedom of movement for workers in the European Union as well as the European Single Market and the European Union Customs Union. [5]

Community preference would not apply to countries of the European Free Trade Association even though they were members of the European Single Market and observed freedom of movement rules.[ citation needed ]

It was one of the founding principles of the establishment of the European Communities (which would later become the European Union) when the Treaty of Rome was signed in 1958.[ citation needed ] But in a judgment in 1994 Greece v Council, Case C-353/92, the European Court of Justice (ECJ) confirmed that Community preference was not a principle of EU law. Its legal basis, Article 44 of the Treaty of Rome, was repealed by the 1997 Amsterdam Treaty. [5]

See also

Related Research Articles

<i>Acquis communautaire</i> EUs accumulated law and legal precedent

The Community acquis or acquis communautaire, sometimes called the EU acquis and often shortened to acquis, is the accumulated legislation, legal acts and court decisions that constitute the body of European Union law. The term is French: acquis meaning "that which has been acquired or obtained", and communautaire meaning "of the community".

European Union Political and economic union

The European Union (EU) is a political and economic union of 27 member states that are located primarily in Europe. The union has a total area of 4,233,255.3 km2 (1,634,469.0 sq mi) and an estimated total population of about 447 million. An internal single market has been established through a standardised system of laws that apply in all member states in those matters, and only those matters, where the states have agreed to act as one. EU policies aim to ensure the free movement of people, goods, services and capital within the internal market; enact legislation in justice and home affairs; and maintain common policies on trade, agriculture, fisheries and regional development. Passport controls have been abolished for travel within the Schengen Area. A monetary union was established in 1999, coming into full force in 2002, and is composed of 19 member states which use the euro currency. The EU has often been described as a sui generis political entity with the characteristics of either a federation or confederation.

European Economic Community European organization for economic integration; est. 1957, absorbed into the EU in 1993

The European Economic Community (EEC) was a regional organization that aimed to bring about economic integration among its member states. It was created by the Treaty of Rome of 1957. Upon the formation of the European Union in 1993, the EEC was incorporated into the EU and renamed the European Community (EC). In 2009, the EC formally ceased to exist and its institutions were directly absorbed by the EU. This made the Union the formal successor institution of the Community.

Economic and monetary union trade bloc with a common tariff and currency

An economic and monetary union (EMU) is a type of trade bloc that features a combination of a common market, customs union, and monetary union. Established via a trade pact, an EMU constitutes the sixth of seven stages in the process of economic integration. An EMU agreement usually combines a customs union with a common market. A typical EMU establishes free trade and a common external tariff throughout its jurisdiction. It is also designed to protect freedom in the movement of goods, services, and people. This arrangement is distinct from a monetary union, which does not usually involve a common market. As with the economic and monetary union established among the 27 member states of the European Union (EU), an EMU may affect different parts of its jurisdiction in different ways. Some areas are subject to separate customs regulations from other areas subject to the EMU. These various arrangements may be established in a formal agreement, or they may exist on a de facto basis. For example, not all EU member states use the Euro established by its currency union, and not all EU member states are part of the Schengen Area. Some EU members participate in both unions, and some in neither.

Single market type of trade bloc with most trade barriers removed

A single market is a type of trade bloc in which most trade barriers have been removed with some common policies on product regulation, and freedom of movement of the factors of production and of enterprise and services. The goal is that the movement of capital, labour, goods, and services between the members is as easy as within them. The physical (borders), technical (standards) and fiscal (taxes) barriers among the member states are removed to the maximum extent possible. These barriers obstruct the freedom of movement of the four factors of production.

Treaty of Rome Founding treaty of the European Union from 1957

The Treaty of Rome, or EEC Treaty, brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany, and it came into force on 1 January 1958. Under the name "Treaty on the Functioning of the European Union", it remains one of the two most important treaties in what is now the European Union (EU).

European Economic Area Free trade zone comprising member states of the European Union and of EFTA established in 1994

The European Economic Area (EEA) was established via the Agreement on the European Economic Area, an international agreement which enables the extension of the European Union's single market to member states of the European Free Trade Association. The EEA links the EU member states and three EFTA states into an internal market governed by the same basic rules. These rules aim to enable free movement of persons, goods, services, and capital within the European Single Market, including the freedom to choose residence in any country within this area. The EEA was established on 1 January 1994 upon entry into force of the EEA Agreement. The contracting parties are the EU, its member states, and Iceland, Liechtenstein, and Norway.

Common Agricultural Policy Agricultural policy of the European Union

The Common Agricultural Policy (CAP) is the agricultural policy of the European Union. It implements a system of agricultural subsidies and other programmes. It was introduced in 1962 and has undergone several changes since then to reduce the cost and to also consider rural development in its aims. It has been criticised on the grounds of its cost, and its environmental and humanitarian impacts.

Trade agreement

A trade agreement is a wide-ranging taxes, tariff and trade treaty that often includes investment guarantees. It exists when two or more countries agree on terms that help them trade with each other. The most common trade agreements are of the preferential and free trade types, which are concluded in order to reduce tariffs, quotas and other trade restrictions on items traded between the signatories.

Special member state territories and the European Union Territories of EU member states which enjoy special status within or outside the European Union

The special territories of the European Union are 32 territories of EU member states which, for historical, geographical, or political reasons, enjoy special status within or outside the European Union.

European integration Process of industrial, political, legal, economic, social and cultural integration of states wholly or partially in Europe

European integration is the process of industrial, economic, political, legal, social and cultural integration of states wholly or partially in Europe or nearby. European integration has primarily come about through the European Union and its policies.

European Single Market Single market of the European Union and participating non-EU countries

The European Single Market, Internal Market or Common Market is a single market comprising the 27 member states of the European Union (EU) as well as – with certain exceptions – Iceland, Liechtenstein, and Norway through the Agreement on the European Economic Area, and Switzerland through bilateral treaties. The single market seeks to guarantee the free movement of goods, capital, services, and people, known collectively as the "four freedoms".

The freedom of movement for workers is a policy chapter of the acquis communautaire of the European Union. The free movement of workers means that nationals of any member state of the European Union can take up an employment in another member state on the same conditions as the nationals of that particular member state. In particular, no discrimination based on nationality is allowed. It is part of the free movement of persons and one of the four economic freedoms: free movement of goods, services, labour and capital. Article 45 TFEU states that:

  1. Freedom of movement for workers shall be secured within the Community.
  2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
  3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
  4. The provisions of this article shall not apply to employment in the public service.
European Union Customs Union EUs common customs area

The European Union Customs Union (EUCU) is a customs union which consists of all the member states of the European Union (EU), Monaco, and the British Overseas Territory of Akrotiri and Dhekelia. Some detached territories of EU states do not participate in the customs union, usually as a result of their geographic separation. In addition to the EUCU, the EU is in customs unions with Andorra, San Marino and Turkey, through separate bilateral agreements.

Economic union Trading bloc with no internal barriers and common policies on regulation and trade

An economic union is a type of trade bloc which is composed of a common market with a customs union. The participant countries have both common policies on product regulation, freedom of movement of goods, services and the factors of production and a common external trade policy. When an economic union involves unifying currency it becomes an economic and monetary union.

Court of Justice of the European Union Institution of the European Union that encompasses the whole judiciary

The Court of Justice of the European Union (CJEU) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the Court of Justice and the General Court. From 2005 to 2016 it also contained the Civil Service Tribunal. It has a sui generis court system, meaning ’of its own kind’, and is a supranational institution.

Eurasian Economic Union Economic union of Eastern European, Central and Western Asian countries

The Eurasian Economic Union (EAEU) is an economic union of states located in Eastern Europe, Western Asia, and Central Asia. The Treaty on the Eurasian Economic Union was signed on 29 May 2014 by the leaders of Belarus, Kazakhstan and Russia, and came into force on 1 January 2015. Treaties aiming for Armenia's and Kyrgyzstan's accession to the Eurasian Economic Union were signed on 9 October and 23 December 2014, respectively. Armenia's accession treaty came into force on 2 January 2015. Kyrgyzstan's accession treaty came into effect on 6 August 2015. Kyrgyzstan participated in the EAEU from the day of its establishment as an acceding state.

Accession of the United Kingdom to the European Communities

The Accession of the United Kingdom to the European Communities (EC) – the collective term for the European Coal and Steel Community (ECSC), the European Economic Community (EEC) and the European Atomic Energy Community (EAEC) – took effect on 1 January 1973. This followed ratification of the Accession treaty which was signed in Brussels on 22 January 1972 by the Conservative prime minister Edward Heath, who had pursued the UK's application to the EEC since the late 1950s. Denmark and Ireland also joined as part of the same expansion but Norway, who had signed the treaty, declined to ratify it and so it was amended to exclude that country. The ECSC and EEC would later be integrated into the European Union under the Maastricht and Lisbon treaties in the early 1990s and mid-2000s.

Post-Brexit United Kingdom relations with the European Union Bilateral diplomatic relations

As of January 2021, the United Kingdom's post-Brexit relationship with the European Union and its members is governed by the Brexit withdrawal agreement and the EU–UK Trade and Cooperation Agreement. The latter was negotiated in 2020 and has applied since 2021.

United Kingdom membership of the European Union

The United Kingdom was a member state of the European Union (EU) and of its predecessor the European Communities (EC) - principally the European Economic Community (EEC) from 1 January 1973 until 31 January 2020. Since the foundation of the EEC, the UK had been an important neighbour and then leading member state, until Brexit ended 47 years of membership. During the UK’s time as a member state two referendums were held on the issue of its membership, with the first being held on 5 June 1975, resulting in a vote to stay in the EC, and the second, held on 23 June 2016, which resulted in the vote to leave the EU.

References

  1. 1 2 "Community preference". Cambridge English Dictionary . Retrieved 2020-10-08.
  2. Leach, Rodney (2000). Europe: A Concise Encyclopedia of the European Union from Aachen to Zollverein. Taylor & Francis. p. 43. ISBN   978-1-57958-279-1.
  3. McMahon, Joseph A.; Cardwell, Michael N. (2015-11-27). Research Handbook on EU Agriculture Law. Edward Elgar Publishing. p. 438. ISBN   978-1-78195-462-1.
  4. OECD (2016-06-07). Recruiting Immigrant Workers: Europe 2016. OECD Publishing. p. 58. ISBN   978-92-64-25729-0.
  5. 1 2 "Community preference". Penguin Companion.