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freedom of establishment + freedom to provide services (self employed) -…
freedom of establishment + freedom to provide services (self employed)
Art 49 TFEU allows individuals + companies to establish in another MS on same conditions as nationals of MS
Direct effect
only applies where activity exercised on stable + continuous basis
does NOT apply to wholly internal situations except where MS discriminates against own nationals Art 43
restrictions on 49
prohibited
direct discrimination
indirect discrimination
Examples restictions on FOE
re failure to recognise prof qualifications
caused by collective actcion
non discriminatory measures impeding FOE
justified by
derogating from FOE on basis of treaty Art 52 TFEU
Overriding requirements (only where not directly discriminatory)
Art 56 TFEU allows individuals + companies to provide services in other MS - same conditions as nationals
freedom to receive services
service
cross border
could be illegal
economic
restrictions
prohibited
indirect discrimination
non discriminatory measures impede FTPS
direct discrimination
examples restrictions caused by collective action
justified
Overriding requirements (if not directly discriminatory) eg
rules of conduct
fundamental rights
protection of conser
fiscal supervision
preservation of SSS
directive 2011/24 patients rights cross border health care
derogating from FTPS on basis of Treaty (Art 52 TFEU?)
legislation governing residence + rights of entry applies to Art 49, 56, 45 if situation not covered by Directive 2005/86 old case law relevant
public policy security + health derogations apply to Art 49 56 45 TFEU
directive 64/661 replaced with Directive 2004/38
MS still have discretion when deporting --> personal conduct NB... procedural safeguards under Directive 64/221 replaced by Directive 2004/38
consolidates old case law
new regime introduced by Directive 2004/38 Art 27 - 32
official authority exception applies to Art 49 + 56 TFEU