Union (TEU), the Charter shall have the same legal value as the Treaties.
reference to economic and labor rights in the EU after the Lisbon Treaty. This
Rights. The analysis contributes to the better understanding of the complete
Since the establishment of the EEC the four traditional economic freedoms
have been the main tool for achieving the aim of common market in Europe.
Therefore their presence on the Treaties after the Lisbon amendment is not a
surprise, but most a confirmation of the Union’s main function. Although this
approach implies a less favorable environment for fundamental rights, a general
framework of fundamental rights protection, basically economic rights, could be
observed within the concept of Community freedoms, which emanated from them
and as an inextricable part, completed their implementation.
Title II of Part 3 of the Treaty on the Functioning of the European Union
(TFEU) refers to the free movement of goods. It is explicitly stated the
establishment of a custom union and the prohibition between Member States of
customs duties on imports and exports and of all charges having equivalent effect
as well as the adoption of a common customs tariff in their relations with third
countries. From the very beginning, the concept of “goods” was delineated in
various cases which ruled that everything valuated in money that can be object of
commercial transactions could falls into the concept of “goods”.3
In addition, custom duties of fiscal nature are also prohibited. This implies
every tax burden in any way related to the free movement of goods. This burden
does not have to be necessarily characterized directly as “charge” but also burdens
that substantially have equivalent effect to charges are not in compliance with
Union law. The Court of Justice constantly prohibited every form of tax charges
related to issues of free movement of goods in Community member states.4 Finally,
under articles 34 and 35 TFEU, all quantitative restrictions on imports and exports
are generally prohibited between member states, unless there is a reason of public
morality, public policy or public security, protection of health and life of humans,
animals or plants, protection of national treasures possessing artistic, historic or
archaeological value or protection of industrial and commercial property.
2 See also on the issue Konstantinos Margaritis, Funda mental Rights in the EEC Trea ty a nd within
Community Freedoms, “CES Working Papers”, Iasi, vol. V, 2ί13, pp. 51-65.
3 ECJ C-7/68 Commission vs. Italy  ECR 423, par. 2.
4 ECJ C-24/68 Commission vs. Italy  ECR 193, ECJ joint cases C-2/69 and C-3/69
Diamantarbeiders  ECR 211, ECJ C-87/75 Conceria Daniele Bresciani vs. Amministrazione
Italiana delle Finanze  ECR 129.