COULD BE EUROPEAN COURT OF JUSTICE CASE LAW, AN ENGINE OF FREE MOVEMENT OF GOODS AND OF FREEDOM TO PROVIDE SERVICES?

Free movement of good and services represent the corner stone of European Union. It is in the same time a principle, a process and a right. At European level, the concept of free movement represents much more than free trade because it implies a right to enter the national markets. Liberalization, approximation (or harmonization) and mutual recognition are the three main ways for achieving this process. In this paper, starting from the explanation of the mechanism which determine free movement I analyzed the legal basis and the relevant jurisprudence in order to demonstrate that ECJ could be an engine, a stimulator of these.