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Essay Help _ EU Law - Keck vs Market Access

Hi Everyone,

I have an essay that is asking me to discuss the merits of the market access test vs the keck-based line of thought and I don't even know where to start.

As a disclaimer, I have to say that I am new to studying law.

The question is to evaluate the emergence of "market access" and argue whether it has, if at all replaced Keck.

I was thinking about a structure along the lines of

1) Background to Keck (art 34 TFEU, Dassonville, Cassis etc)
2 ) Keck (Increase tendency of traders... product requirements vs selling arrangement)
3) Keck Criticism & Market Access (The Italian mopeds case etc etc)
4) has it replaced Keck? no but market access can be used alongside Keck for those situations that don't fit "selling arrangements"

I think that's sensible but the more I read, the more overwhelmed I feel
Market Access is WIDE advocating market access could trigger a return to a Dassonville "craziness"
But then again Market Access is interesting because it provides a one-size fits all reasoning that can also be applied to other freedoms etc

My essay is only 1500-2000 words so that's very little to work with

Am completely lost!!


Very many thanks for your thoughts/help!

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