EU Law Relating to Free Movement of Goods Law Essay (Essay Sample)

Name
Instructor
Course
Date
EU Law Relating to Free Movement of Goods
Part a: Stages of the Infringement Procedure of the EU Law (Article 258, TFEU)
There are three main stages for finding infringement by member states as per the obligations outlined under the EU treaties and regulated Articles 258 and 260 of the TFEU. These are the administrative stage, the pre-litigation stage and the judicial stage. The administrative stage requires the EU Commission based on the foregoing facts of the case to form a reasoned opinion that the German state has by virtue of imposing infringements on the kind of sausages to be sold in the German market has failed to fulfil its obligation under Article 258 to allow free movement of goods within the European Commission under the terms outlined under EU laws and regulations. Therefore, the administrative stage allows the Commission to ascertain the precise nature of alleged infringement and the extent of infringement thereof. During this stage, the Commission also furnishes the concerned Member State with the essential guarantee regarding its rights to defend itself against the alleged infringement. The last phase of the administrative phase involves the Commission granting both parties to the dispute, in this case the German government and the French Saucisses Ltd the opportunity of clarifying the contentious elements to the dispute with a view of working in cooperation towards an amicable solution. At this stage, parties can engage informal or formal channels of engagement to try to reach an amicable settlement. Where the EU Commission finds during the administrative stage that the German government has a case to answer, the EU Directorate General in charge of enforcing the free movement of goods policy under Article 258 will proceed to write a formal letter of notice of infringement to the German government seeking a mutual exchange of views regarding the alleged infringement between the Commission and the German government (Art. 258, TFEU). The essence of the administrative stage is to clarify the facts surrounding the alleged infringement and eliminate potential problems associated with misinterpretation of laws by the concerned member state.