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U8-The EU internal market - Coggle Diagram
U8-The EU internal market
Forms of economic. integration
Free trade area (FTA)
custom union
internal third market
EU internal market -Art26 of TFEU
Fundamental freedoms
Integrations
positive
enact of sec and tet laws
negative
conflict of national and EU law
problems of supremacy
Harmonization
EP is allowed to adopt the measures needed for harmonization
individual states can be thus outvoted
EP is required to take high level of protection
exceptions for rejection of adoption of these measures
commission either approve or reject the exceptions
Fundamental freedoms
discriminatory measures
Direct dis
foreign origin
Indirect dis
distinguishing criterion
Test of proportionality
legitimate objective
suitable to attain the given objective
it must be necessary
proportion in the strict sense
differs from a case to another
Free movement of goods
prohibition of internal custom duties, taxation and other. restrictions
Custom duties and other equal measures
prohibition of custom duties on import and export
custom duty
Internal taxation
prohibited among member states
par1 and 2 problem
quantitative restrictions
central rule
problem of measures having equivalent effect (MEEs)
Dassonville case
prohibition of hindering trading rules
prohinitions/restrictions based on grounds of public morality
Cassis case
some of the measures are regulated by states - like alcohol
consumer protection
principle of origin
shift of sovereignty from importing to exporting countries
risk of race to the bottom
Keck
certain selling agreement
member states regained some regulatory freedom
horizontal effect
Free movement of workers
acceptance of offers actually made
to move freely within EU for this purpose
allow to...
to state in the given state because of this purpose
to remain in the territory after being employed
does not include public service positions
Freedom of estabilishment
does not apply for activities connected with official authority
discriminatory measures on grounds of public policy, public security or public health
horizontal direct effect
rules issued by associations must comply with art49
SE, SCE
Free movement of services
supply of a service - 4 options
like with other freedoms, this does not apply for the official authority
Free movement of capital and payments
3 exceptions Art64 TFEU
Union citizenship and free movement
general prohibition developed by CJEU against...
discrimination on the basis of nationality
restriction of free movement of EU citizenship