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College aantekeningen European Law + werkgroep vragen en antwoorden
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Het document bevat de aantekeningen van alle hoorcolleges / kennisclips en de antwoorden van alle werkgroepen.
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Hoorcollege 1 week 1What are we going to study?
- Eu single market
● EU free movement law
● EU competition rules
● harmonisation of national laws
- Economic public law
- The interaction between international and national law
- In the slipstream and beyond the EU single market; In the EU union we have
gone further than just a single market. For example the principle of non
discrimination based on nationality. This is a key principle of the economic
market however this has now progressed further between the EU.
● EU Citizenship
● Area of freedom, security and justice
Where can we find EU law (1e jaar)
● Primary sources
- treaties
- protocols and annexes
- EU charter of fundamental rights (binding since the treaty of Lisbon)
● Secondary sources
- e.g. Regulations, directives, decisions
● Unwritten general principles of EU law
● Case law of the CJEU
Context and challenges
- Covid-19
- Climate change
- Digitization
- Rule of law; rule of law seems to be undermined in some states such as Poland.
- Brexit
- Migration crisis
- Economic and financial crisis
- Terrorism
- Contestation and nationalism
Where we are now:
- Covid-19 and the internal market conflict with each other
- 27 member states with open borders and no travel restrictions
, - However due to covid-19 borders having been closed, traveling has been
restricted. There were export restrictions active on medical equipment and
medicines.
- Member states were seeking to protect their own domestic markets
The EU Single Market
- What is the internal market?
- art. 26 TFEU: Internal Market, only a definition. You can’t evoke it before the
nationale court.
- Art. 3(3) TEU: Concept of social market economy: The market is not a neo-liberal
project, the social interest dimension is important.
- Court of justice EU (15/81 Gaston Schul) ‘THE CONCEPT OF A COMMON MARKET
AS DEFINED BY THE COURT IN A CONSISTENT LINE OF DECISIONS INVOLVES THE
ELIMINATION OF ALL OBSTACLES TO INTRA-COMMUNITY TRADE IN ORDER TO
MERGE THE NATIONAL MARKETS INTO A SINGLE MARKET BRINGING ABOUT
CONDITIONS AS CLOSE AS POSSIBLE TO THOSE OF A GENUINE INTERNAL
MARKET.
- Common market and internal market can be used interchangable
What does the internal single market do for you?
- more products available for the same price. So foreign products will not be more
expensive for you than example someone from Germany
- Generate jobs
How is the internal market realized?
- Legal pillars
● EU free movement rules
● EU competition rules: mostly directed at private actors
● Harmonisation measures: we need legislation
- Philosophies of market integration (Barnard and Peers p.336)
● Host country rule: rules where the economic activity takes place are
applicable
● Home country: Rules of the goods are being produced are applicable.
● Harmonized model: one single rule that is applicable in the whole region.
Even after harmonisation there is deviation possible for the member
states.
,EU free movement law
- Art. 26 TFEU
- Direct effect: you can invoke them before the national court. They all have
vertical direct effect.
- Some even have horizontal direct effect: you can invoke them before private
members.
Free movement of goods:
- Art. 34 TFEU - import
- Case law: Dassonville, Cassis de Dijon and Keck
- Art. 35 TFEU - export
- Art. 36 TFEU - public health exception
- Cassis de Dijon ⇒ Rule of reason
- Keck: The court knew that discriminatory and other maatregelen that don’t have
a justification are prohibited. However the court said that for certain types of
rules (selling arrangements) article 34 does not apply.
- The interpretation of these three case law pieces is important for the other
freedoms.
, - Despite the fact that borders have been closed we can still buy our products
from other member states, this shows that art. 34 TFEU is still important.
- You cannot invoke an economic reason for a restriction. It should always be a
social reason.
Harmonisation of national laws; often realised through directives and regulations
- Question 1: Legal basis (i.e. Tobacco Advertising case law); is there a legal basis
for the EU legislator to legislate in a certain area (art. 114 TFEU or more specific
legal bases).
- Question 2: Principles of subsidiarity and proportionality: When the EU legislator
is found competent (Question 1) the question is whether it is a good idea
whether the EU legislator should legislate or if it should be a domestic field.
- Question 3: Type of measure: Will the EU legislator design a directive or a
regulation. A regulation is way more intrusive. With a directive the member state
is free to think how they want to implement the directive. With regulations the
member states don’t have this freedom.
- Question 4: Harmonisation technique: Will it be total regulation or for example a
minimum regulation allowing the member state to go further.
- Question 5: What is left for the national legislator? If there is minimum
harmonisation the national legislator can go beyond.
- Question 6: Is the Treaty framework still relevant? In minimal harmonization the
treaty framework is still relevant. When it comes to total harmonization it is not
relevant.
, Hoorcollege 2 week 1
Establishment and services
What can we think about when we think of establishment and services
- natural persons and legal persons such as companies
Services
- posting of workers
- medical services
- television or online services
- collaborative economy (gig economy): sharing houses, sharing cars
- Education
- Lotteries
- Sale of drinks in a restaurant
Why is this relevant?
- Services are crucial for the European economy (70% of the GDP European
economy)
- Process of digitization, datafication and the digital single market
- Digital goods like smartphone applications, digital music, digital books.
- Growing importance of e-commerce.
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