International Law (Fach) / Prüfungsvorbereitung (Lektion)

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• 61. What are the 4 fundamental freedoms of the EU? - Freedom of persons (Art. 67 (2) TFEU) + right of establishment (Art. 49 TFEU) - Freedom of capital flow (Art. 63 TFEU) - Freedom of goods (Art. 28 TFEU) - Freedom of services (Art. 45 TFEU)
• 62. What do the 4 fundamental freedoms of the EU comprise? Art. 26 (2) TFEU: Measures are taken in order to ensure the functioning of the single EU Market - Free movement of goods: no import duties or export restrictions- Freedom of capital: free movement of c. within the EU, free trans-border payments, freedom to invest in other EU-States- Freedom of persons and companies: right to stay in a foreign EU-State, no discrimination in work life, freedom to travel = also allowed to enter the country to find work in this country - Freedom of sevices: service is just a temporary thing! for a limited time (right of establishment - forever)
• 63. What are the preconditions on a limitiation of the 4 fundamental freedoms? Jurisdiction of the ECJ: any restriction has to fulfill 4 requirements: not be discriminating, must be justified by common interests, must appropriate to ensure the implementation of objects of the measures, must not go beyond the scope of regualtion neccessary to meet the goal of the regulation   (1. Principally 4 freedoms are unlimited2. must not limit the basic freedom itself, but allowed to limit it to certain things which are related to the good 3. EU court said, that there are uncertain limitations (example with the meat))
• 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 provision in the EU have direct effect? - The provision contains a clear and unconditional prohibition - The obligation need no implementation by a legislative act under national law - Acc. to the nature of the prohibition it seeks to create direct effects in the legal relationship between Member States and their subjects ECJ, Case 26/62 - van Gend and Loos p.13  
• What kinds of quantitative restrictions are prohibited by the TFEU? Art. 34,35 TFEU - prohibition of quantitative restrictions on imports and measures having equivalent effect - prohibition of quantitative restrictions on exports and measures having equivalent effect
• 71. Do there exist exceptions (quantitative restrictions)? Art. 34 quantitative restrictions of imports and Art. 35 quantitative restrictions on exports Exceptions: See 36 TFEU (take a look)
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• 71. Case: No import of "mixed meat" In Germany it is forbidden by law, to put additives to meat. It is legal in other EU Member States. EU Commission: German law is measure having equivalent effect acc. to Art. 34 TFEU. Is the Commission correct? (I) Applicability of Art. 34 ff. TFEU            (1) No special ruels acc. to Art. 38 ff TFEU            (2) No directive acc. to Art 114 TFEU on meat (II) The German law must            (1) affect "products" acc. to Art. 28 (2) TFEU and             (2) be an infringement upon Art. 34 TFEU additional (1) "product"Meat is a "product" acc. to Art. 28 (2) TFEU, because it is moveable and it has cash value and it originates in another EU Member State or it is in free circulation in another EU Member State (See Art. 29 TFEU) additional (2) "measure"German law is a "measure" that infringes upon Art. 34 TFEU, because it is possible that due to that law, meat products originating in other EU Member States might not be allowed to be brought to and sold in Germany, it is not necessary, that the measure discriminates foreign products (it does not, because German meat is affected, too) See ECJ, Case8/74 Dassonville additional (2) b - Restriction of the Dassonville formulaThe ECJ restricted the Dassonbill formula. Court: drew a distinction between regulations regarding the product itself(forbidden) and selling arrangements (allowed, if not discriminating) = See ECJ, Case C-267/91 and 268/91 Keck
• 75. What does the freedom of workers embrace? Art. 45 TFEUa worker = person that provides work freedom of movement= travelling to and staying in another EU Member State Art. 45 TFEU refers to "work" and a reasonable time of unemployment is part of "work" too (unemployment within reason)  
• 77. Is the Dassonville reasoning of the ECJ also applicable with regard to the freedom of workers? 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)
• 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? - self employed people Art. 49 TFEU - 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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