basic principles of EU Flashcards
four freedoms of single market
- movement of goods
- capital
- persons
- services
when was internal market greatly achieved
1993
fundamental principle of single market
principle of non-discrimination based on nationality
why did the market have progressive construction?
- because companies need to adapt to new competitive environment (its more competitive) and this requires time – step by step construction
- national legality also has to adapt
principle of mutual recognition
harmonisation legislation. It guarantees that any good lawfully sold in one EU country can be sold in another.
who are persons wrt FMP
NATIONAL OF MS’ + his couple, spouse, family, ascendents or descendants
rights of FMP
- right to circulate (with valid ID)
- right to reside
what is FMW
entails the abolition of any discrimination based on nationality as regards employment, remuneration and other conditions of work and employment
rights of FMW
- to accept offers of employment actually made
- to move freely within the territory of Member States for this purpose
- to stay in a Member State for the purpose of employment
- to remain in the territory of a Member State after having been employed in that State
who does FMW not apply to
employees in public service
- police, army, judiciary
eg dont see spanish police in germany. job offers are addresssed to nationals
most important right of FMW
right to equal treatment compared to nationals
who has rights under FMW
workers
parasite rights:
- spouse + descendants till the age of 21
- unmarried partner
- divorced spouse
- supported ancestors of the worker and spouse
- other family members – if supported by the worker and lived in common house-hold
not need to be EU citizens
material scope of FMW
- accept offers
- enter and reside in another MS
- free movement in MS for job search
- non discriminatory chance of employment
- work conditions, social rights, tax benefits (equal salary, vacation)
Restrictions on freedom of persons, including workers
MS can refuse an EU national the right of entry or residence on the grounds of public security, public policy, public health grounds
case about tourist in greece
excluding someone forever is disporportionate
what is a major obstacle for FMW
language
Does an employer breach FMW rules if he requires from the employees language proficiency?
court of justice admits that candidates to a position must prove linguistic certificate - high knowledge of local language
right of establishment
Right to open establishment in any member state in the same conditions as nationals
- to carry out economic activity
who does right of establishment apply to
- self employed persons
- companies
Reyners case
- holland lawyer wanted to become belgian lawyer
- To register in another lawyers college, you have to comply with same conditions as nationals (doesnt matter that youre belgian)
freedom to provide services
can go for fixed period of time to another MS with the purpose of performing a service for appropriate payment and after that they return on the territory of the MS of establishment
what kind of services fall under freedom to provide services? what dont?
- service is economic
- services of general interest (like health services or education)
distinction between temporary service and establishment?
person providing a service is not bound by competences and control of the national authorities of the state
- recognition of professional qualifications
- registration, permission to perform
- social and tax benefits
definition of goods wrt FMG
- industrial goods
- does not cover agricultural foods
- must be within legal trade (specific regulations for pharmaceuticals and weapons)
