basic principles of EU

Question 1

four freedoms of single market

Answer 1

• movement of goods
• capital
• persons
• services

Question 2

when was internal market greatly achieved

Answer 2

1993

Question 3

fundamental principle of single market

Answer 3

principle of non-discrimination based on nationality

Question 4

why did the market have progressive construction?

Answer 4

• 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

Question 5

principle of mutual recognition

Answer 5

harmonisation legislation. It guarantees that any good lawfully sold in one EU country can be sold in another.

Question 6

who are persons wrt FMP

Answer 6

NATIONAL OF MS’ + his couple, spouse, family, ascendents or descendants

Question 7

rights of FMP

Answer 7

• right to circulate (with valid ID)

- right to reside

Question 8

what is FMW

Answer 8

entails the abolition of any discrimination based on nationality as regards employment, remuneration and other conditions of work and employment

Question 9

rights of FMW

Answer 9

• 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

Question 10

who does FMW not apply to

Answer 10

employees in public service
- police, army, judiciary

eg dont see spanish police in germany. job offers are addresssed to nationals

Question 11

most important right of FMW

Answer 11

right to equal treatment compared to nationals

Question 12

who has rights under FMW

Answer 12

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

Question 13

material scope of FMW

Answer 13

• 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)

Question 14

Restrictions on freedom of persons, including workers

Answer 14

MS can refuse an EU national the right of entry or residence on the grounds of public security, public policy, public health grounds

Question 15

case about tourist in greece

Answer 15

excluding someone forever is disporportionate

Question 16

what is a major obstacle for FMW

Answer 16

language

Question 17

Does an employer breach FMW rules if he requires from the employees language proficiency?

Answer 17

court of justice admits that candidates to a position must prove linguistic certificate - high knowledge of local language

Question 18

right of establishment

Answer 18

Right to open establishment in any member state in the same conditions as nationals
- to carry out economic activity

Question 19

who does right of establishment apply to

Answer 19

• self employed persons

- companies

Question 20

Reyners case

Answer 20

• 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)

Question 21

freedom to provide services

Answer 21

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

Question 22

what kind of services fall under freedom to provide services? what dont?

Answer 22

• service is economic

- services of general interest (like health services or education)

Question 23

distinction between temporary service and establishment?

Answer 23

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

Question 24

definition of goods wrt FMG

Answer 24

• industrial goods
• does not cover agricultural foods
• must be within legal trade (specific regulations for pharmaceuticals and weapons)

Question 25

wrt FMG, what doesnt exist

Answer 25

• custom duties

- quotas

Question 26

wrt FMG, what is prohibited

Answer 26

Quantitative restrictions (quotas) on imports and all measures having equivalent effect shall be prohibited between Member States

Question 27

what are measures having equivalent effect

Answer 27

anything with impact on trade

Question 28

what are not measures having equivalent effect

Answer 28

commercial rules eg shops are closed sundays

Question 29

when are discriminatory measures wrt FMG allowed

Answer 29

may be imperative reasons connected with the protection of public health, consumers, protection of the environment that may justify such discriminatory measures

Question 30

eg of measures having equivalent effect

Answer 30

promoting irish campaign

Question 31

categories of measures that are possibly MME’s

Answer 31

• Discriminatory measures on the ground of nationality – applying only to imports or differently than to national products
• Non-discriminatory measures - product requirements that are more burdensome for foreign companies
• selling arrangements

Question 32

free movement of capital

Answer 32

all restrictions on the movement of capital between Member States and between Member States and third countries shall be prohibited.