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Analysis of the Free Movement of Goods and Services Policy

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Analysis of the Free Movement of Goods and Services Policy

The Court of Justice of the European Union (CJEU) has developed an extensive body of case law on free movement in relation to persons, goods, services and establishment. Over the years, the Courts approach to free movement as evolved and adapted to the modern European Union (EU) today. Through comparison of the case law it will be clear that how the Court deals with free movement is similar in all the areas of persons, goods, services and establishment. In the beginning the CJEU would only strike down legislation which was discriminatory to nationals from other Member States. It then began to strike down rules that were non-discriminatory and more recently rules that act as a barrier or hindrance to market access. Analysing these areas of the Courts jurisprudence, it will be evident that the Courts early approach was a more literal interpretation of the treaties towards a more teleological approach that expanded the Courts powers but perhaps this is ultimately needed if the CJEU was to every achieve the Internal Market.