Essentials of Internal Market Law

Question 1

Official definition of Single Market

Answer 1

‘The internal market of the European Union (EU) is a single market in which the free movement of goods, services, capital and persons is assured, and in which citizens are free to live, work, study and do business.’

Question 2

Dimensions of internal market importance

Answer 2

• economic
• non-economic (e.g. peace, fusion of interests, community, cooperation)
• legal

Question 3

Internal Market Law: Assessment scheme

Answer 3

1. SCOPE:
   Does the situation fall within the scope of free movement? If so, which Treaty Article applies?
2. RESTRICTION:
   Is there a restriction under the applicable Article?
   If so, what type of restriction is it?
3. JUSTIFICATION:
   Can the restriction be justified by an important interest?
   If so, is the measure proportionate?

Question 4

Internal Market Law - Assessment Step 1

Answer 4

1. SCOPE
   Does the situation fall within the scope of free movement?

If so, which Treaty Article applies?

Question 5

Internal Market Law - Assessment Step 2

Answer 5

2. RESTRICTION
   Is there a restriction under the applicable Article?

If so, what type of restriction is it?

Question 6

Internal Market Law - Assessment Step 3

Answer 6

3. JUSTIFICATION
   Can the restriction be justified by an important interest?

If so, is the measure proportionate?

Question 7

Assessment Step 1: Which freedom?

Answer 7

• goods (Art. 28 TFEU)
• persons (natural and legal)
  
  • > free movement of workers (Art. 45 ff. TFEU)
  • > free establishment (Art. 49 ff. TFEU)
• services (Art. 56 ff. TFEU)
• capital and payments (Art. 63 ff. TFEU)
• citizenship of the EU?

Also: no hierarchy in these freedoms (ECJ chooses one)

Question 8

Assessment Step 2: Restriction?

Answer 8

Discrimination (= nationality-based discrimination)

• direct
• indirect

Obstacles (“dual regulatory burden”)
= all trading rules by MS which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade

Question 9

Assessment Step 3: Justification?

Answer 9

Discrimination:

• justification grounds explicitly mentioned in the TFEU (e.g. public health/ security/ policy) +
• proportionality = appropriate and necessary

Non-discriminatory restriction:
- explicit justification grounds + jurisprudential ‘rule of reason’
• no harmonisation
• compelling reason of general interest
- proportionality = appropriate and necessary

Question 10

EU Law as a powerful tool

Answer 10

EU law can be invoked:

• also against home Member State
• not only against discriminations but also obstacles (Dassonville)
• against potential, hypothetical obstacles (Dassonville, Alpine Investments)
• even if for one obstacle there are ten non obstacles or even advantages (AMID)
• also in purely internal situation?
• also against individuals?

Question 11

New issues arising for Europe and the World

Answer 11

• rising (economic) nationalism
• digitisation
• sustainability
• horizontalisation