This contribution places the provisions of the Treaty creating a free trade area and customs union between the Member States (Articles 28-31 TFEU) in their wider context. It then focuses on the interpretation of Article 30 in the jurisprudence of the Court of Justice of the European Union (CJEU). Throughout, it casts sideways glances at corresponding provisions of General Agreement on Tariffs and Trade (GATT). As it turns out, the abolition of customs duties and charges having equivalent effect, and the establishment of a customs union between Member States, were important milestones in the development of European unification. They became overshadowed later by more spectacular developments in the case law on the free movement of goods, persons and services. As a consequence, the importance of the customs provisions is widely underrated. Brexit concentrates the minds in this respect, as an important economy is about to rearrange and even recreate the basic building blocks of its international trading relations.

Additional Metadata
Keywords free trade area, EU Customs Union, internal market, European Union, Brexit
Persistent URL dx.doi.org/10.5553/ELR.000138, hdl.handle.net/1765/126817
Series Erasmus Law Review
Journal Erasmus Law Review
Citation
Enchelmaier, S. (2020). The Foundations of the Internal Market: Free Trade Area and Customs Union under Articles 28-31 TFEU. Erasmus Law Review, 12(3), 219–228. doi:10.5553/ELR.000138