Free Movement of goods European Union Law
COURSEWORK QUESTION:
The following is a hypothetical situation. 3250
Primani is one of Italy’s leading department stores. Roberto, an Italian national, acquired the franchise rights to open the first Primani department store
in the UK. Trading began in April 2013. He initially thought it would be possible to manage his staff via Skype, but believes in order to make the venture a
success he will need to relocate to Bristol to oversee the project.
He seeks your advice on a number of issues relating to EU Law.
Primani’s latest shipment of decorative lamps have been held up in Dover by the British Customs Authorities on the basis that the lamp stands may contain concealed packets of cocaine. Roberto, concerned by the delay, has contacted UK Customs for more information. They explain that they have had to take action because of credible information contained in a TV documentary on Mediterranean drug cartels. All imported lamps into the UK are to be inspected.
Whilst there is no charge for the inspection, all Lorries containing the shipments are to be kept in a secured car park near the Port at a rate of £40 per
day whilst the inspections are conducted. He is told this is to ensure the fairness of the process and to eliminate the risk of third party interference with
the goods.
Since the TV documentary aired, the Media and Press has been critical of the lack of action on drugs smuggling into the UK. The UK Government, keen to tell the voting public that they are taking firm action for the interests of public policy, have imposed a further requirement on retailers of imported lamps. The shop shelves which display the imported lamps must display number of large notices, almost 12 cm x 9 cm in size, which contains the message ‘Imports Inspected and Cleared by UK Customs.’ Roberto and the manager of the store’s lighting department considers this will potentially dissuade consumers from purchasing these products.
Questions
a) What are Roberto’s rights to set up a branch of Primania in the UK and what would you advise in relation to his intention to relocate?
b) What advice would you provide in relation to the lamp inspections
c) What advice would you provide in relation to the car parking requirement?
d) What advice would you provide in relation to the requirement to display a notice on shop shelves?
e) Finally, if you consider that EU Law has been breached by any of the parties mentioned, what options are available to Primani?
QUESTIONS TO CONSIDER IN COMPILING THE RESEARCH TRAIL 750 WORDS
Methods
This is sometimes referred to as methodology.
• How did you go about conducting your research?
• How did you select your list of materials that were relevant to the topic?
• Did you search the library databases and catalog?
• Did you do this yourself or did you need to seek help from the law librarians?
Sources
• What sources or type of materials did you select for your research?
• Did you research primary sources of legislation and cases, and secondary sources of legal encyclopedia, books and journal articles?
Analysis
The analysis and evaluation of the effectiveness of the techniques used and of the sources will be considered together. This is your chance to provide your own reflection and requires you to assess your own methodology and the sources you have chosen.
For example:
• Was your methodology effective and efficient?
• Have you learned anything about researching that would lead you to select materials in a different way in the future?
• Have you learned anything about the type of searches you should use to find particular types of materials?
• If you asked the law librarians for advice, what did you learn?
• Could you have used the materials you selected in a different or better way to support the points that you have advanced?
• Which types of materials did you find most useful to the topic area and why?
Finally you must consider what you have learned from your research. You should reflect on the way the resources that you have researched have developed your thinking and approach to answering the set question.
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