General issues*

Question 1

What is the legal for the internal market?

Answer 1

The four freedoms

Free movement of goods, workers and capital

As well as freedom of establishment and the freedom to provide services.

Question 2

Do the four freedoms have direct effect?

Answer 2

yes

Question 3

Can you explain direct effect?

Answer 3

Direct effect refers to whether individuals can rely on the EU law in domestic courts. There are two types of direct effect – vertical and horizontal.

Vertical direct effect means that you can use EU legislation against a member state.

Horizontal direct effect means that you can use EU legislation against another individual.

Question 4

Can you explain vertical direct effect?

Question 5

Can you explain horizontal direct effect?

Question 6

Are the four directly applicable?

Answer 6

Yes

Question 7

Can you explain what direct applicability is

Answer 7

Direct applicability talks about whether an EU law needs a national parliament to enact legislation to make it law in a member state

Question 8

Can you explain negative and positive harmonisation

Answer 8

Negative harmonisation:
Sets out limits on what MSs can legislate. For example the four freedoms. A MS can not set out lagislation that limits the freemovement of workers

Question 9

Can you explain positive harmonisation?

Answer 9

EU has adopted a common legislation like dir or reg. Harmonisation on legislation to support the the four freedoms

Question 10

What is minimum harmonisation

Answer 10

The Union sets minimum standards but Member States are free to impose higher standards.

Minimum harmonisation directives do not prevent Member States from maintaining or introducing more stringent measures compatible with the Treaty.

Question 11

What is maximum harmonisation

Answer 11

Diverse national rules are replaced by a single EU rule.

Preemption of national competence to legislate.

The four freedoms do not apply!

Question 12

C dim dip headlights

Question 13

Case C-470/03 AGM COSMET

Question 14

When do EU rules not apply?

Answer 14

Where all aspects of the case are confined to a single Member State.

C-282/15 Queisser Pharma –The product manufactured in Germany, by a German company for the German market. All elements of the case were confined within a single Member State (Germany

Is there a cross-border element? If not, then the free movement provisions do not apply.

Question 15

When deciding when EU law applys what do you need to ask your self?

Answer 15

Is there a cross-border element? If not, then the free movement provisions do not apply.

Question 16

What happened in C Queisser Pharmaa ?

Answer 16

–The product manufactured in Germany, by a German company for the German market. All elements of the case were confined within a single Member State

Question 17

What is reverse discrimination and what is it ok?

Answer 17

Union law does not prevent a Member State from treating national products or its own citizens less favourably than products or persons who make use of their rights to free movement.

Question 18

C Kaas

Answer 18

Requirements for ingredients in cheese which applied only to Dutch cheese. Reverse discrimination, not caught by Article 34 TFEU.

Reverse discrimination is permitted because it encourages national rules which, while leaving imported products unaffected, have as ‘their purpose to improve the quality of domestic production so as to make it more attractive to consumers’.

Question 19

Can you name some types of berriers to free movemnt?

Answer 19

Taxes

custom duties

other types of restriction

Question 20

What kind of discrimination/restrictions is there?

Answer 20

Direct
Indirect
Market access

Question 21

What is Direct discrimination?

Answer 21

Different burden in law and in fact

Question 22

What is indirect discrimination

Answer 22

same burden in law but different in fact

Question 23

What is market access/restriction?

Answer 23

C-55/94 Gebhard – the national measures were liable to hinder or make less attractive the exercise of fundamental freedoms.