Freedom of establishment

Question 1

Where can the main provisions regarding establishment be found?

Answer 1

Art 49-53 TFEU

Question 2

Where can the legal basis for harmonising legislation based of freedom of establishment (specific activities) be found?

Answer 2

• Article 50 TFEU

Question 3

Where can the treaty provision regarding to derogations of the right to establishment be found?

Answer 3

Art 52 TFEU

Question 4

Where can the legal basis for the harmonisation of national laws be found?

Answer 4

Art. 53 TFEU

Question 5

How does one determine whether Art. 49 TFEU is applicable in this case?

Answer 5

a) Is the case about “establishment”
b) Is there applicable harmonisation at EU level?
c) Is there a cross-boarder element in the case
d) Can the claimant invoke Art. 49 TFEU against the defendent

Question 6

How does one determine whether a case meets the material scope of Art. 49 TFEU?

Answer 6

a) RESTRICTION to the freedom of establishment?

Question 7

How does one determine if there are any ground of justifications or “imperative requirements” which would allow a restriction?

Answer 7

• Ground of justification in Art. 52 TFEU or an “imperative requirement”
  -Is the measure proportionate?

Question 8

Where can one find the harmonisation laws in regards to freedom of establishment?

Answer 8

-Professional Qualifications Directive (2005/36)
- questions would
-Services Directive