Part 3 Inhalt Flashcards
What is the “OLD APPROACH” when it comes to HARMONIZED PRODUCTS?
- the type of legal act used are regulations
- all technical product specifications are set out in the legal act
- exmpl. of product groups: Chemicals, Cosmetics, Motor vehicles
What is the “NEW APPROACH” when it comes to HAMRONIZED PRODUCTS?
- the type of legal act used are Directives
- only the essential requirements related to health, safety and environment are adopted by EU directives
- example groups: construction products, explosives, machinery
What are the “Essential requirements” and why they useful?
EU law sets them to ensure products traded in the EU meet high health, safety and environmental standards-> most cases: law defines the results to be achieved or the hazards to be dealt with but it does not specify technical solutions
What are notified bodies?
organisation designated by an EU country to asses the conformity of certain products before being placed on the market
What are the kind of barriers I may find when selling services cross-border?
- market access barriers:
- professional qualification
- licenses/Authorizations and red tape
- restrictions on workers/movement of people
tariff barriers: no!
What does the EU Single Market for services do?
- decreases market access barriers-> i)freedom of establishment for individuals and companies provide services in other MS
ii) provide cross-border services to a recipient in MS - recognition of qualifications
- Decrease Redcap/license/authorisation
What is the difference then between selling services in and outside the Single Market?
tariffs: none!
a. market access-> WTO/FTW: restrictions depending by sector and countries willingness to liberate their market
b. recognition-> low or no recognition in WTO/FTA
c. redtape etc.-> financial-services passport through a official registered firm in EU
What are the condition for the free movement of EU citizens and their family member FOR STAYS UNDER THREE MONTHS?
they have to possess a valid identity document or passport-> the host MS may require registration
What are the condition for the free movement of EU citizens and their family member FOR STAYS OVER THREE MONTHS?
if not working: musst have sufficient resources and sickness insurance to ensure that they do not become a burden on the social services
however, no need for resident permits (although a registration may is required) if not nationality of MS as family member apply for permit
What are the condition for the free movement of EU citizens and their family member FOR THE RIGHT OF PERMANENT RESIDENCE?
acquire the right after a five-year period of uninterrupted legal residence (expulsion decision must not been enforced against them
What are the condition for the free movement of EU citizens and their family member FOR RESTRICTION ON THE RIGHT OF ENTRY AND THE RIGHT OF RESIDENCE
union citizens (and family members) may be expelled from host MS on ground of public policy, public security or public health
What are your rights as an EU citizen when it comes to WORK?
work in another EU country without needing a work permit
+ ENJOY EQUAL TREATMENT (employment, working conditions social and tax advantageous)
+ RESIDE IN ANOTHER EU COUNTRY
Can the host country deport you?
Yes, on ground of public policy, public security or public health, but only if it can prove you pose a serious threat
When do got the right of permanent residence as a worker? can you lose it again?
after 5 years of a continuous period; lose is possible after you lived outside for more than 2 consecutive years
What are the 4 main principles related to work/persons?
- covered by legislation of one country at a time so only pay contributions in one (chosen by secutires institutions)
- same rights and obligations as nationals -> equal treatment or non-discrimination
- at claiming a benefit your previous periods of insurance, work, residence arena other countries are taken into account
- if you’re entitled for cash benefit in one but living in another you generally still receive it-> principle of exportability
What are the special aspects regarding job seekers?
FIRST 6 MONTHS: as EU national right to look in any EU country; same assistance from the host country by every EU country
AFTER 6 MONTHS: your right to extend of stay can be assessed: evidence that you’re actively looking and have a good chance finding one
-> if not the can ask you to leave
What does the SCHENGEN AREA ACHIEVEMENTS include?
- abolition of internal border controls for all persons; also external-> EU nationals only with ID card
- European Border and Coast Guard Agency (Frontex)->
- A COMMON VISA POLICY FOR SHORT STAYS-> third country nationals included in the list may obtain a single visa valid for entire Schengen
- POLICE AND JUDICAL COOPERATION-> police co-working and right to pursue fugitive criminals into the territory of neighboring Schengen state
- SCHENGEN INFORMATION SYSTEM (SIS)-> supports external border control and law enforcement
Out of which states does the Schengen Area consist?
26 full members:
22 EU MS plus Norway, Iceland Switzerland and Liechtenstein
- Ireland and UK not party but can “opt-in”
- Denmark is part but enjoys “opt-out”
- Bulgaria, Romania and Cyprus due to join
- Croatia began process
What is the Capital Markets Union?
It aims to get money flowing across the EU so that it can benefit consumers, investors and companies-> to sustain growth; it aims to break down barriers that block cross border investments; especially environmentally friendly finance is eased
Why does Capital Markets Union Matters?
more integrated financial markets create a cushion to absorb sudden shocks and allow risk to be shared by private actors across EU borders-> Economic and Monetary Union stronger and more resilient
What are current issues regarding the Capital Market Union?
- start-ups and small(medium) businesses
- EU households save heavily, but don’t do anything
- access to public markets costly especially. for small ones
- barriers for investory
- dependency on banks for investment