Section 17 of the Finnish Alcohol Act and the free movement of goods
Väyrynen, Karri (2025-06-17)
Section 17 of the Finnish Alcohol Act and the free movement of goods
(17.06.2025)
Julkaisu on tekijänoikeussäännösten alainen. Teosta voi lukea ja tulostaa henkilökohtaista käyttöä varten. Käyttö kaupallisiin tarkoituksiin on kielletty.
suljettu
Julkaisun pysyvä osoite on:
https://urn.fi/URN:NBN:fi-fe2025061871505
https://urn.fi/URN:NBN:fi-fe2025061871505
Tiivistelmä
This Bachelor's thesis examines Section 17 of the Finnish Alcohol Act in the light of free movement of goods within the EU internal market. Amendment of Section 17 of the Alcohol Act is the latest amendment to Finnish alcohol legislation and the topic has drawn attention for its potential contradictions with EU law.
The research method used in this thesis is the doctrinal method. The material includes Finnish and European legislation, a government proposal, expert opinions, case-law from the Court, and scholarly writings.
My research demonstrates the main issues that section 17 of the Alcohol Act has with the free movement of goods. Which Articles of TFEU are applicable, and how Section 17 of the Alcohol Act should be assessed under those Articles.
The thesis concludes that Section 17 of the Alcohol Act should be assessed under Article 37 TFEU and that the legislation does not constitute a hindrance to the free movement of goods. However, it is also noted in the conclusions that if the Court were to assess the legislation under Articles 34 and 36 TFEU. Section 17 of the Alcohol Act should be considered as breaching Article 34 and not justified by the derogations in Article 36, thus constituting a hindrance to the free movement of goods.
The research method used in this thesis is the doctrinal method. The material includes Finnish and European legislation, a government proposal, expert opinions, case-law from the Court, and scholarly writings.
My research demonstrates the main issues that section 17 of the Alcohol Act has with the free movement of goods. Which Articles of TFEU are applicable, and how Section 17 of the Alcohol Act should be assessed under those Articles.
The thesis concludes that Section 17 of the Alcohol Act should be assessed under Article 37 TFEU and that the legislation does not constitute a hindrance to the free movement of goods. However, it is also noted in the conclusions that if the Court were to assess the legislation under Articles 34 and 36 TFEU. Section 17 of the Alcohol Act should be considered as breaching Article 34 and not justified by the derogations in Article 36, thus constituting a hindrance to the free movement of goods.