Prohibiting Restriction of Free Trade within the Community: Articles 30-36 of the EEC Treaty

The problem of accommodating the tensions of power between the European Economic Community and individual Member States is particularly acute in the area of prohibitions on restriction on free trade within the Community. Professor van Themaat and Mr. Gormley analyze key aspects of this problem in select decisions of the Court of Justice concerning Articles 30-36 of the EEC Treaty. The areas of discussion include the extent to which Articles 30-36 affect internal economic regulations of Member States, the difference between trading within an established Community organization and trade in an area where no organization exists, and the relation of Articles 30-36 to other provisions of the Treaty. The authors conclude with a consideration of the prospects for federalization within the Common Market in light of the cases discussed earlier.