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Freedoms, Answering assessment questions: - Coggle Diagram
Freedoms
Freedom of movement (persons)
What is the relevant
issue
for each individual?/What are the relevant issues relating to that individual?
Right of entry and residence
What is the relevant
law
?
Art 45 TFEU.
Directive 2004/38
Directive 2004/38:
Right of entry - Art 5
For up to 3 months - Art 6
For longer than 3 months - Art 7
Right to work
What is the relevant
law
?
Art 45 TFEU
Regulation 492/2011
Has the right been restricted?
Is there a justification for the restriction?
Derogation?
Public service exemption?
Freedom of Establishment and Services
What is the relevant
law
?
Freedom of establishment - is it establishment?
Freedom to provide services - is it a service?
Does a relevant limitation apply?
Establishment - official authority exemption; internal situation
Services - official authority exemption; internal situation; not goods, capital and persons
Freedom of Establishment - Art 49
Freedom to provide service - Art 56
Has the right been restricted?
What is the relevant
issue
relating to the individual?
Is there a justification for the restriction?
Derogation?
Establishment - imperative requirement?
Justification - imperative reason?
Free movement of goods
Answering assessment questions:
What is the basic concept?
Work out which freedom you are dealing with, then work out what particular rights they are entitled to, and the circumstances under which the particular relevant article may not apply.
eg freedom of establishment - officla authority exemption. Fiscal barriers to FMOG - selling arrangement
What are the rights under the basic concept?
Is there a breach of the right/the Article?
Has the right been restricted?
What is the restriction?
Can the restriction be justified?
Derogation?
Further (court developed) grounds?