74

Recht (Subject) / Recht (Lesson)

HS

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  • 60. What is the distinction (UNterschied) between EU and a customary union? - suppl., p. 23   Customary union: common customs common restrictions regarding non-members European Union common customs etc. common (EU) economic policiy (New)
  • 61. What are the 4 fundamental freedoms of the EU?   Free movements of workers ( Art. 45 TFEU ) Free movements of Products goods ( Art. 28 TFEU ) Free movements of Capital ( Art. 63 TFEU ) Free movements of services ( Art. 56 TFEU )
  • 62. What do the 4 fundamental freedoms of the EU comprise?   Free movements of workers: Right to stay in foreign EU-States No discrimination in work life Freedom to travel (see Art. 21 TFEU) Free movements of Products goods:   No import duties No export restrictions Free movements of Capital Free movement of capital in the EU Free trans-border payments (inter alia as „counterpart“ to the freedom of goods, persons and services) Freedom to invest in other EU-States Free movements of services  
  • 63. What are the preconditions on a limitiation of the 4 fundamental freedoms?   Any restriction must be in conformity with the EU basic rights
  • 64. What are the 5 columns of the EU Economic and Monetary Union? - European Central Bank (Art. 127 ff.; 282 ff TFEU) - stability of prices (Art. 127 1/1 TFEU) =2% inflation maximum - convergency - budgetary discipline (Art. 126 (1) TFEU) (e.g. what happen to a bankrupt bank - principle of no bail out (Art. 125 TFEU) = no allowed to pay the debts of another country, but is allowed to help in distress
  • 65. How many Member States do belong to the EU? with Croatia upon the first July: 28
  • 66. What does the EU customs union comprise and acc. to which rule? Art. 28 (1) TFEU- no customs duties on imports and exports within the EU- no other charges having equivalent effect- commpn customs tariff regarding third countries
  • 67. The TFEU prohibits customs within the EU. Does ist also prohibit the imposing of new customs? YES!! Art. 30 TFEU prohibition of (new) customs duties- (prohibition of the creation of new customs duties)- this provision has direct effect, e.g. people and companies can directly refer to Art. 30 TFEU and claim rights therefrom (case van Gend &Loos)
  • 68. When does a treaty provisions in the EU have direct effect?   the provision must be sufficiently clear and precisely stated;it must be unconditional and not dependent on any other legal provision;it must confer a specific right upon which a citizen can base a claim  
  • What kinds of quantitative restrictions are prohibited by the TFEU?   quantitative restrictions on Imports and exports are prohibited.
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  • 70. Do there exist exceptions? – Quote the source! – suppl., p. 37 Restrictions on the freedom of import and export Yes Art. 36 TFEU  
  • 75. What does the freedom of workers embrace?   freedom of workers embrace travelling to and staying in another EU Member State
  • 76. Does it also cover times of unemployment? – suppl., p. 43   Yes it does, because Art. 45 TFEU refers to „work“ and a reasonable (begründet/angemessene) time of unemployment is part of „work“, too.
  • 77. Is the „Dassonville“ reasoning of the ECJ also applicable with regard to the freedom of workers? The „Dassonville“ case was on the free movement of goods. – suppl. p. 44 Dassonville judgement of ECJ regarding free movement of goods, not work but: the 4 basic freedoms of the EU are structurally identical, thats why the Dasssonvillle is applicable - Dassonville forbids every measure that might limit the free movement of workers =here: expelling workers in time of unemployment might infringe their free movement, because due to that, they might abstain from going to Poland limitation  by Keck: again, 4 freedoms are strucurally identical, keck is applicable, too
  • 78. Can the spouse of a EU citizen rely on his EU basic freedoms? if the spouse is a EU-citizen: Yes, Art. 21 TFEUif the spouse is no EU-citizen: Art. 21 TFEU is not applicable But the EU citizen has the right of free movement: Art. 45 TFEU Art. 45 TFEU is applicable with regard to B, because its grands B a right derived from the right of A = if  the partner, to whom someone is married not allwed to enter a country this prevents the other person to enter this country, too
  • 79. Name the 3 addresses of the prohibition of discrimiation of workers Measures of States: Art. 45 (2) TFEU Measures in collective agreements (companies) (ECJ, Case C-415/93 -Bosman) Treaties between private persons (ECJ, Case C-281/98  Angonese) This basic freedoms have direct effect not only on States, but on all subjects in the EU (e.g. private persons, unions, companies)
  • 80. Do the basic freedoms have direct effect? – suppl., p. 51   This basic freedoms have direct effect not only on States, but on all subjects in the EU (e.g. private persons, unions, companies)
  • 81. What does the right of establishment grant? laid down Art. 49 TFEU (a part of directly applicable primary Union law); right of self-employment people to work and to stay in eacht EU Member State it grants far-reaching freedoms =the entire preparation of establishing oneself in another country (renting rooms, etc) is part of this freedom, but only with regard to economic activities it also embraces the founding and the managing of companies Art. 54 (1) TFEU enlarges the right of establishment of companies and firms
  • 82. Which non-natural persons are adressed of the right of establishment? - companies and firms - Art. 54 (1)
  • 84. What are services? - non-corporeal performances- person performing services sells his know-how, his knowledge, his abilities and capabilities- are performed for a limited time - services in transport are regulated in Art. 90 ff. TFEU- the regulations on the freedom of services are directly applicable EU law
  • 86. What does freedom of capital mean? Art. 63 (1) TFEU= free movement of capital- directly applicable- no difination of movement of capital, but can regarded as the transfer of monetary values as part of the property management of a person = financial transactions- Free-movement = free trans-national movement within the EU- person, who moves the capital doesn't have to be a EU citizen
  • 87. What does freedom of payments mean - speciality with regard to other EU freedoms? Art. 63 (2) TFEU- it is an annexed right (beiliegend)- fosters the other freedoms- no legal definition of payment, but acc. to Art 63 (2) TFEU ist is the compensation of a debt due to a legal obligation by transfer of money
  • 88. Check list for a freedom of the EU in abstract just important to know this - the other check lists not that important (I) Applicabiltiy of the legal provision on the protected freedom? (II) Violation of the scope of the respective freedom granted by the TFEU? (III) State's measure1) discrimination2) hidden discrimination3) general prohibition of limitation? (Dassonville, limitation of Dassonville by Keck?) (IV) Exception?1) immament restriction of the rule? Cassis formula2) limitation of the Scope acc. to written EU law?
  • 89. Short list of the 4 freedoms with sources Free movement of goods (Art. 28. ff TFEU)   - customs union (Art. 28, 30 TFEU)   - prohibition of quantitative restrictions (Art. 34, 35 TFEU) Free movement of persons (Art. 45 ff. TFEU)   - free movement of workers (Art. 45 TFEU)   - right of establishment (Art. 49 ff.)        - for persons (art. 49 )        - for companies and firms (Art. 54, 49 TFEU) Freedom of services (Art. 56 ff TFEU)- freedom and difinition of "services" Art. 56, 57 TFEU        - with regard to natural persons - see Art. 56        - with regard to companies and firms - see Art. 62,54,56 Free capital flow (Art. 63 ff TFEU)- free transfer of capital within the EU (Art. 63 - 1)- free payments within the EU (Art. 63 - 2)

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