EU Law Flashcards
FMOG Aims
- Creating trading and production bloc
- Bulwark against US, Japan, BRISC economies
- create large internal market where goods are distributed before need to export
- common market where goods can circulate freely without customs duties or financial restriction
Prohibition of tariff/non-tariff barriers
–> once good enters a MS, it must be permitted to circulate freely within the common market
Tariff: customs duties, charges having equivalent effect, internal taxation
Non-tariff: quantitative restrictions, measures having equivalent effect
Customs duties
Directly applied duties to import/export because they crossed a national border –> caught by prohibition
Charges having equivalent effect
Impermissible:
- Imposed at import or subsequently
- impsoed specifically on goods imported from MS, but not on similar domestic good
- results in price alteration
Charges for provision of genuine service (inspection costs)
Permissible if:
- consideration of actual service, not exceeding actual costs of inspection
- mandatory, uniform, applied to all products
- inspection in interest of the union
- inspection promotion FMOG
NOT: charges which are not actually for a service provided
Internal taxation
No measure having equivalent effect if not discriminatory
Criteria:
- must be applied equally to foreign and domestic goods
- applied at the same marketing stage
- chargeable event giving rise to duty must be the same
Measures
Legally binding acts (national laws)
Practices influencing conducts of traders and consumers
State inaction
Administrative practices
Quantitative restriction
- restricts import/export of good by amount or value
- makes improt/export subject to condition of obtaining import license
Measures having equivalent effect
Measure that make import/export unnecessarily difficult and discriminate between foreign and domestic goods
Derogation from FMOG
Public policy Public morality Public security Protection of Health or Life of Humans or animals Artistic, historic heritage Protection fo commercial property
Cassis de Dijon - Rule of Reason
Measures indistinctly applicable only infringe if restrictive effect exceed the effects necessary for the trading rule
Criteria:
- no EU system covering interest in question
- indistinctly applicable
- no arbitrage discrimination or disguised restriciton
- must be proportionate
Keck and Mithouard - Selling agreements
Selling agreements applying to domestic and foreign products equally and intended to regulate market in a non-discriminatory way are permissible (e.g.: Sunday trading restrictions)
FMOP
Includes: self-employed, workers, freedom of establishment and service, union citizenship, TCN
- -> General prohibition of discrimination (directly and indirectly)
- -> cross border element is needed
- -> must be national of a member state
Workers
Uniform definition: any employed person, regardless of salaried or waged, blue or white collar, executive or unskilled
Also: part time, frontier workers, work seeking, in education after previous employment
Establishment/service
Right to enter MS and stay on longterm or permanent basis, pursue self-employment and set up and manage undertaking
Service: temporary state of affairs and appearance in host state
Establishment: permanent presence in host state
Material scope
Right of entry, residence, exit
Temporary involuntary unemployment doesn’t remove employment status
Rights apply to workers family too
Right to remain after retirement or incapacity
Self-employed
Basic rules of treaty subject to national rules
Mutual recognition of professional qualifications: once obtained in one MS, should be recognised in other MS too
Derogation from FMOP
Public policy (must be a threat to fundamental interests of society)
Public security
Public health
Public service
