European Market Law

Question 1

What is the European market ?

Answer 1

Single market = an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of this Treaty

Question 2

What are the advantages and disadvantages of European economic integration?

Answer 2

ADVANTAGES :
- promote eco social and territorial cohesion/ solidarity
- balanced eco growth
- price stability (see Art 3 TEU)
- food safety

DISADVANTAGES :
- looses sovereignty
- immigration issues

Question 3

What are the four freedoms of the EU and legal harmonization in the IM ?

Answer 3

• Freedom of movement of goods
• Freedom of movement of people
• Freedom of movement of services
• Freedom of movement of capital

Question 4

Phases of the European integration

Answer 4

• Started in the 1950s:
  => indépendance to new world powers (USA,USSR)
  => economic prosperity
  => peace and stability (aim to avoid another war)
• Emergence of a divided Europe with the Cold War:
  => different view of the European integration (federalism : supranational institutions / intergovernmentalism: nation retains all sovereignty)
• Fall of Berlin Wall (1989)+ end of Cold War/ USSR (1991)
• Several crisis since then (Brexit, 2010 economical crisis..)

Question 5

Steps of the integration:

Answer 5

• ECSC (European Coal and Steel Community) in 1952
  6 members : France, Germany, Italy, Belgium, NL, Luxembourg
• Council of Europe in 1949 (promotes HR)
• Treaty of Rome (EEC) in 1957
  6 members : France, Germany, Italy, Belgium, NL, Luxembourg
  Aim to establish a common market
• European Free Trade Association (EFTA) in 1960
  7 members : Norway, Switzerland, Austria, Denmark, Portugal, Sweden, UK
• Maastricht Treaty 1993 = Birth of the EU
  Monetary union 1999
  Single currency 2002

-Amsterdam Treaty 1997 & Nice Treaty 2000

-Lisbon Treaty 2007

-Brexit 2016(vote) & 2020

Question 6

Enlargements ?

Answer 6

1st - 1973 : UK, Denmark, Ireland, Norway

2nd/3rd:
- Greece 1981
- Spain and Portugal 1986

4th :
- Austria, Finland, Norway, Sweden 1994

Others:
- 2004 : mainly eastern countries
- 2007
- 2013

Question 7

EU institutions

Answer 7

• European Commission (represents the common interests of the EU and is the EU’s main executive body)
• Council of EU ( Rep of each EU MS negotiates and adopts EU legislation )
• European Council (heads of state or government of the EU countries meet to define the general political direction and priorities of the European Union)
• European Parliament (represents the citizens of EU countries and is directly elected by them)
• Court of Justice of the EU
  -European Central Bank
  -Court of Auditors

Other agencies and decentralized bodies

Question 8

EU Legal sources

Answer 8

Primary sources
-TEU treaty on European Union (Lisbon2007)
- TFEU treaty on functioning of EU (Lisbon2007)
- Charter of the EU on FR
- General principles of EU law
- International treaties

Secondary sources
-Regulations (directly applicable)
-Directives (transposition)
-Decisions
-Recommendations/ opinions…

Case law of the ECJ

Question 9

Free movement basic principles?

Answer 9

• Principle of non discrimination (Art 18 TFEU)
• Principle of mutual recognition
• Direct effect
• Principle of proportionality :
  => suitable
  => necessary
  => proportionate