Summary
Summary Schema's European Law four freedoms
- Course
- Institution
All the schedules you need to complete European Law
[Show more]
Seller
Follow
joranvanderkamp
Content preview
Methodology schedulesFreedom of establishment or services 49/56 TFEU
Is EU law applicable?
1. Personal scope
a) National of a member state
2. Material scope
b) Interstate element
c) Economic activity
- Legal? Josemans case
Which EU law is applicable?
3. Establishment or services?
a) Gebhard, para 25-27
- Establishment: para 25: stable and continuous basis
Art. 49 TFEU + Services Directive applicable
- Services: para 26: temporary basis
Schindler caselottery = service
Art. 56 TFEU + Services Directive applicable
What kind of restriction is there?
4. Direct discrimination, indirect discrimination or restriction?
a) Direct discrimination: on the basis of nationality
b) Indirect discrimination: on other grounds than nationality, but foreigners are
affected way more by the measure than domestic people.
c) Restriction: neutral criterion - Visser Vastgoed case.
Are there any justifications possible?
5. Treaty exception or Rule of Reason
- Direct discrimination: only treaty exception
- Indirect discrimination: treaty exceptions + rule of reason
- Restriction: treaty exceptions + rule of reason
Treaty exceptions: Services Directive and 52+62 TFEU.
Rule of Reason (Gebhard p. 37):
The derogation pursues a legitimate aim which is justified by
overriding reasons of public interest;
is appropriate to achieve the legitimate objective pursued;
and does not go beyond what is necessary to achieve the
desired objective.
, Freedom of workers 45 TFEU
1. Personal scope:
- Nationality of a member state
- Worker? – Lawrie Blum para 21
) performing work for wage under supervision
) genuine and real work of economic value, not merely marginal and ancillary
2. Material scope:
Is there a cross border element?
3. Restriction?
- Direct discrimination – distinction on basis of nationality
- Indirect discrimination – distinction on other ground, affects nationals of
other MS heavier than domestic nationals - Angonese
- Obstacles to free movement – preclude or deter a national of a MS from
leaving his country of origin in order to exercise his right to freedom of
movement – Bosman para 96
4. Justification possible?
Direct discrimination, prohibited unless 45 (3) TFEU – treaty exemptions
45 (4) TFEU – employment in public service, but has to be interpreted strictly (Lawrie
Blum)
Indirect discrimination – prohibited unless 45 (3) TFEU – treaty exemptions
Or objective justification
- Legitimate aim
- Appropriate
- Proportional (Bosman 104-114)
Obstacles to free movement – 45 (3) TFEU or objective justification
Regulation 492/2011, mention both instruments – art. 7 relevantsocial advantages
(alimanovic)
Directive 2004/38 (CRD) applicable
Art. 6, 7 and 16 CRD
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller joranvanderkamp. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.02. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
51662 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 15 years now