EU LAW
QUESTION ONE
When a candidate country applies to join the European Union, it works with the EU to ensure it can fulfil certain criteria. The Copenhagen Criteria 1993 sets out the political, economic and legal criteria. Alongside this, during the accession process, candidate countries have to demonstrate their willingness to engage with EU aims and values.
To what extent does the accession process and the membership criteria itself safeguard the values of the European Union set out in Article 2 TEU after a Member State has joined the EU? Is there sufficient accountability of EU Member States?
QUESTION TWO
Helene, a French national, has recently set up an online company which makes and sells homemade alcohol products. Helene grows the fruits organically on her farm in Provence and makes a range of goods, including raspberry vodka and blackberry gin. Part of her recipe is to include one-third fruit, one-third sugar and one-third alcohol. Helene’s local customers really love the products and have encouraged her to expand the business. Helene investigates her options for selling her drinks more widely within the EU and approaches you for legal advice on the following matters.
Use relevant EU law to advise Helene on the issues.
1) Helene has heard from a contact in Estonia that when goods that fall within the ‘food and drink’ category cross the border there has been a small charge of 10 Euros that is imposed. It is thought that this covers personnel at the border carrying out a brief quality check on any perishable goods to make sure they are directed to retailers in good time.
2) In Belgium, Helene is made aware of an annual tax – the ‘sugar tax’ – which is imposed on any product with a sugar content of over 20%. The annual tax adds 3% on to the cost of the goods but is applied to all products sold in Belgium. Helene cannot see any particular difference in the burden of this tax between her goods and those produced domestically but she is not sure what her options would be if there was a difference.
3) When Helene sought advice from a friend in Germany about possibly importing her drinks there she was told that there had been some restrictions on the alcohol content of goods sold. In Germany, it has been the case that alcohol sold could not have an alcohol content higher than 30%. Helene’s drinks have an alcohol content of 35% but she knows these are legal in France.
4) Helene would like further advice about whether she can choose how her goods are marketed in the Member States she imports to. She would like to have her goods advertised on television alongside domestic goods but is not sure whether there are any restrictions on this.
