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EU Law - Fundamental Freedoms

EU Law - Fundamental Freedoms

Last update 

EU Law of fundamental freedoms

Items (50)

  • According to Art. 26 TFEU, the internal market is

    The area comprised by the territory of the Member States without internal frontiers for the free movement of goods, persons, services and capital.

  • Which are the four basic freedoms in the EU market?

    * Freedom of capital * Freedom of workers * Freedom of services * Freedom of establishment

  • A citizen of the EU can be protected by a diplomatic authority of another Members State where in a third country?

    Yes

  • The Common Customs Tariff are fixed by

    The Council on a proposal from the Commission

  • What is the scope of fundamental freedoms?

    To apply the concept of fundamental freedoms it is necessary to have a cross-border element and is not applicable to purely internal situations

  • What are the 4 elements in order to apply the concept of fundamental freedoms?

    * Cross-border element * There is a discrimination * There is a restriction * There is no justification for the restriction

  • Which are the 3 types of restrictions of free movement?

    * Direct discrimination * Indirect discrimination * Quantitative restrictions

  • Justifications regarding the limitation of freedom of movement, according to art. 45 TFEU, are

    *Public policy *Public security *Public health

  • The right of free movement of workers entail the rights to…

    * Accept job offers * Move freely for this purpose *Stay in the Member State according to its own provisions *Remain in the territory for the purpose of the employment

  • The free movement of goods mean

    The prohibition to establish between Member States custom duties on imports and exports

  • The free movement of goods coming from a third country mean

    It shall circulate in the internal market freely once import formalities are completed in one Member State

  • Freedom of establishment consists of

    The prohibition to set restrictions regarding the setting up of establishments including agencies, branches or subsidiaries

  • Freedom of establishment include the right to...

    * Pursue activities of self-employment * Set up and manage fixed undertakings Both, under the conditions laid down for the nationals of the Member State where the establishment is effected

  • Regarding the Customs Union established in Art. 28 TFEU, the Member States should:

    * Reframe from establishing customs duties on imports and exports * Establish charges having equivalent effect * Adopt common tariffs with 3rd countries

  • Case 112/84 Humboldt regarding freedom of goods establishes...

    The restriction adopted by a Member State might be adopted indirectly, nevertheless being this discrimination unlawful

  • Case 120/78 Cassis-de-Dijon regarding free movement of goods establishes...

    Member States may impose a measure having an equivalent effect to a quantitative restriction, if justified under public morality, public policy, public security, public health, etc.

  • Definition of Foreign direct investment regarding freedom of capital

    Investments which establish or in any way maintain lasting links between a provider od capital and an enterprise

  • The notion of capital regarding freedom of movement include the following characteristics

    * Foreign direct investment * Real estate investments * Granting go loans and credits * Other operations with financial institutions

  • The notion of services regarding freedom of movement include the following characteristics

    * Autonomous interpretation * Remuneration * Self - employed persons * Temporary occupations

  • What is the personal scope regarding freedom of services?

    It includes: * Nationals of Member States who are established in a Member State *Corporate bodies formed and registered according to the Law of a Member State

  • The public service exemption regarding freedom of services means

    Freedom of services do not apply to activities in which directly and specifically is connected with the exercise of official authority

  • What is a direct discrimination regarding freedom of services?

    A prohibition to provide services on the ground of nationality

  • What is a indirect discrimination regarding freedom of services?

    The restriction regarding requirements as to professional qualifications, experience or language, or residence requirement

  • Case C-384/93 Alpine regarding freedom of services refer to

    The prohibition to restrict freedom of services in the EU involve not only the Member State that receives the service, but also the one of origin

  • Case C-36/02 Omega regarding freedom of services refer to

    The justification based on explicit grounds to a restriction imposed by a Member State based on public policy, which may vary from one State to another

  • According to Case-55/94 Cassis de Dijon, what are the four conditions for a justification to stand in a freedom of service case

    The justification must: * Be applied in a non - discriminatory manner * Be justified by general interests * Be suitable to achieve the objective * Not go beyond necessity

  • According to Case-309/99 Wouters, are only public rules the ones to observe freedom of services?

    No, rules that impose a restriction in freedom of services which have no public nature are also required to be modified

  • Where is a company established for the purpose of freedom of establishment?

    In the place in which it is created and registered, regardless if the activities are just carried out by branches or subsidiaries

  • Which are the exceptions to the right of freedom of movement according to Art 65 TFEU

    * Provisions in tax law that distinguish taxpayers by their residence * Provisions regarding prevention of infringement in taxation

  • According to Case C-203/11 Libert, which is the ultimate purpose of guaranteeing freedom of capital

    Prohibit restrictions that would discourage residents of one Member State from making investments in immovable property in another

  • Case C-203/11 Libert, regarding freedom of capital relates to

    The restriction can only be justified when found proportionate and sufficient to attain the public policy aim.

  • What is referred to as "passive" freedom to provide services?

    According to Case 286/82 Luisi, the freedom of services includes the freedom for the recipient of the services to go to another Member State

  • Can the freedom of movement be applied to non EU citizens?

    No, except to citizens of the member states of the EEA

  • In Case C-158/96 Kohll, freedom of service shall be protected from this restriction:

    Any restriction that may deter a person from approaching providers established in other Member States

  • Regarding  freedom of services, where do measures of host states stand?

    According to Case C-55/94 Gebhard, measures of host states that regulate the provision of services, apply to all EU citizens

  • According to case C-2/74 Reiners, what kind of effect is contained in the freedom of establishment?

    Direct effect

  • Definition of horizontal direct effect?

    The right may be relied upon against third parties, directly by the citizen in Court

  • Definition of vertical direct effect?

    The right may be relied upon against Member States, directly by the citizen in Court

  • Freedom of workers is entitled to which kind of effect?

    Direct effect

  • According to Case C-15/93 Bosman, regarding freedom of workers, the Court established...

    The fact that the there is no discrimination is irrelevant when the provision is an obstacle to access for employment

  • Is there any distinctions between workers in the public service exception?

    No, all workers, clerks or officials are covered by the exception, even if employed under public or private law

  • Which is the "institutional approach" in the public service exception in free movement of workers?

    The exception applies to all workers in an institution with a public nature. Not adopted by the Court

  • Which is the "functional approach" in the public service exception in free movement of workers?

    The exception applies to the workers who conduct a public function, and not all of the workers in a public institution. Posture adopted by the Court

  • Most important art./regulations/directives regarding freedom of capital

    * Council Directive 88/381 1988 * Art. 63 TFEU

  • Most important art./regulations/directives regarding freedom of workers

    * Art. 45 TFEU * Directive 88/2003 * Regulation 883/2004 * Directive 78/2000 * Directive 54/2006 * Directive 38/2004

  • Most important art./regulations/directives regarding freedom of establishment

    * Art. 49 TFEU * Directive 36/2005 * Regulation 2137/1985 * Regulation 2151/2001 * Regulation 1435/2003

  • Most important art./regulations/directives regarding freedom of workers

    * Art. 56 TFEU * Directive 36/2005 * Directive 123/2006 * Directive 71/1996

  • If a worker losses its status as such, does he/she looses the privileges regarding freedom of workers?

    No, they remain in cases such as illness or accident, or involuntary unemployment when registered in the jobseekers program.

  • Does the freedom of establishment and services apply to workers?

    No, these apply to self-employed citizens, and corporate undertakings

  • Provisions regarding free movement of services are residual because...

    They only apply when the provisions regarding freedom of workers and capital cannot be used