Taxi Driver Online

EU CONSTITUTIONAL LAW

The Treaty establishing the European Community, grants individuals engaged in cross-border economic activity four freedoms: free movement of goods, persons, services, and capital. These are supposed to bring about 'positive integration'.

If we look a little closer at the rules of product integration in respect of the four freedoms in relation to the 1847 and 1976 acts governing taxi legislation we can see that product integration is negated by at least one act that predates the establishment of the European Community. We therefore have to ask ourselves if there is a dividing line between "product integration rules and a complete product ban"?

In one sense it could be argued that product rules and total bans are the same? In the case of product rules a product has to be changed in order to gain access to the market. The same is true in the case of a ban. The change required is just more fundamental.

To get to the crux of the matter those councils that preclude vehicles from being licensed as hackney carriages unless they meet the required turning circle standard, will know doubt put forward the argument that they are implementing a "product rule". However a court of law may well have a different view and deem the practice unlawful and consider that the product rule in this particular case is nothing more than a "substitute" for a “ban”.

Which is unlawful.

Regards

JD

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JD does that mean that the PCO and any other council that still retains the turning circle is breaking the law??????????

Maybe, or just their reasons for keeping it.

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IDFIMH