Does the European Single Market Exist in the Era of a Coronavirus Pandemic? The Case of Intra and Extra-EU Trade in COVID-19-related Products

Abstract

The COVID-19 pandemic has been an extraordinary event for the EU Member States and a period wherein EU legislation and the efficiency of EU institutions have been put to the test. The crisis triggered by the decisions made by governments in Europe (which were motivated by their wishes to protect the health and lives of their peoples and to satisfy the rapid demand for drugs, personal protective equipment, and medical devices) disrupted market forces. Although most of these measures were based on both domestic and EU legislation, they seriously hindered the smooth functioning of the EU Single Market, including the free movement of goods. This paper aims to find out whether EU legislation succeeded in coping with the challenges triggered by COVID-19 in the field of international trade and whether measures taken by the European Commission with a view to complying with the rules of the EU Single Market adequately took care of the needs stemming from the COVID-19 outbreak and whether it properly tackled protectionist instruments adopted by the Member States. We have focused on international trade and the free movement of goods within the EU as they both constitute the cornerstone of EU economic integration. We found that although EU legislation was not tailored specifically for the times of a COVID-19 pandemic, in the area of international trade (including intra-EU trade), as well as in the field of placing goods on the market, it provided extraordinary solutions. Apparently, the explanations and guidelines provided by the Commission have limited the scope of individual protectionist and interventionist actions of the Member States.