Minimum Alcohol Price in Scotland Violates EU Law

A breach of laws and regulations are soon to be enforced in relation to the minimum alcohol price in Scotland, as it is perceived to violate the EU Law. Indeed, a brewing tension on the horizon as even the Court itself indicated how plans submitted by Holyrood can only be acceptable if it was more balanced and effective over tax measures.

According to an article published by The Guardian, The European court has ruled that the Scottish government's plan to enforce a minimum price for alcohol is in violation of the EU free-trade laws. Nonetheless, it led to scrutiny as various factors would be affected in this soon to be enforced policy.

It was strongly motioned in a momentous blow to one of Nicola Sturgeon's flagship policies. The European court of justice (ECJ) commented that the policy could be vindicated on health grounds under EU law if it can prove that it is proportionate. And if it effective rather than just rely on general taxation. 

It was also noted that through the use of taxation, it would still permit retailers to set their own values, as well as contend against other retailers in the market. If the retailers are imposing a 50p per unit minimum price on alcoholic beverages, the Scottish parliament who were the ones responsible for passing this law would hamper retailers from doing so.

Meanwhile, Enca added on to report that the Scottish government launched the system in 2012. This is to deal with "Scotland's unhealthy relationship with alcohol" and the effects that it is rendering to the society particularly for the younger generation.

On the other hand, even the Scottish government as well as its Prime Minister acknowledges the fact that the new policy would affect the trade as well as render negative returns, as conveyed by Express. The Scottish health secretary, Shona Robison, explained that her government was looking forward to the case returning to the Scottish courts in the New Year but, with the court warning that minimum pricing was a significant restriction on a free market, struck a cautious tone.

With that in mind, the outcome remains uncertain, as the case is not yet close since the legislation would return by next year. All that the parties could do is wait till the final verdict is declared and announced.

Tags

Scotland, EU, EU Law, European Court, EU free-trade, Nicola Sturgeon, European court of justice (ECJ), Scottish, Scotland miminum alcohol price, Scotland beverages

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