EU Internal Market

1
EU Internal Market
2
Stages of the economic integration

• Free Trade Area - reduces tariffs to zero between
  members (MS Iceland, Norway, Liechtenstein,
  DOMTOM other countries.....)
• Customs Union reduces tariffs to zero between
  members and establishes a common external tariff
  (MSMonaco, Vatican City, Turkey, Andorra, San
  Marino)
• Single Market establishes a free flow of
  factors of production (labour, capital, goods,
  services)
• Economic Union involves an agreement to
  harmonize economic policies

3
Free movement of goods

• Definition of a good?

4
Free movement of goods

• Removal of the tariffs
• Removal of quantitative restrictions non
  tariff barriers (quotas, subsidies, export
  restraints, product standards, licensing
  practices)
• Common external tariff
• Restriction of internal tax discrimination (Com
  vs. France 112/84 French road tax)
• Regulation of state monopolies
• Regulation of state support

5
Cases

• DASSONVILLE 8/74 All trading rules that hinder
  trade, whether directly or indirectly, actually
  or potentially, are inadmissible
• KECK 267/91 Quantitative restrictions are those
  that have a direct impact on goods
• BUY IRISH 249/81 Restriction of imports through
  campaign of government, induce consumers not to
  buy goods from other member states
• CASSIS DE DIJON 120/78 There is no valid reason
  why products produced and marketed in one member
  state could not be introduced into another member
  state
• MUTUAL RECOGNITION

6
Free movement of goods allowed restrictions

• Legislative exemptions public health, public
  safety, protection of animals, national cultural
  heritage, industrial property,.....
• Allowed restrictions with an agreement of
  Council or Commission supplies, balance of
  payments, safety at work, protection of
  environment,....
• Restrictions due to free movement of armies,
  ammunition, military material without any
  approval

7
Free movement of labour

• Primary competence freedom to choose an
  occupation, right to engage in work, freedom to
  conduct a bussiness
• Secondary competence residence right, right of
  entering the other member state
• Complementary competence right of living,
  social standards, right to study and prepare to
  work

8
Free movement of labour allowed restrictions

• Public administration (Com vs. Belgium 149/79)
• Public health, public order, public security
• Cases
• LEVIN 50/81
• LAWRIE BLUM 66/85
• VAN DUYN 41/71
• CASSAGRANDE 9/74
• BUT... Transition period 232

9
Right of establishment (start a bussiness)

• Individuals EU citizenship
• Corporate bodies respecting the law of one of
  member states or having the place of bussiness in
  one of member states
• Primary establishment
• Secondary establishment

10
Right of establishment allowed restrictions

• Restriction of operation
• State monopoly
• Residence in the place of running bussiness
• Membership in professional chambers
• Qualificatory conditions
• Other conditions (practices)

11
European Corporate Bodies

• Societas Europea (SE)
• European Cooperative
• European Economic Interest Groupings

12
Free movement of services

• What is a service?
• Subjects of services.....?
• Kinds of services? (TV emission, borrowing of
  films, advocate services, insurance broker,
  tourist, football professional, tourist guide,
  lottery, publicity, water skiing,.....)
• Restrictions........ (Com vs. France 154/89)

13
Free movement of capital

• Capital investment, kind of value deposited in
  other member state
• Movement of capital acquisition, transfer
  subject value, gold, real property,....
• Restrictions
• A) public interest
• B) in case of problems of balance of payments
• C) some restrictions due to direct investment and
  internal legislation
• D) specific restrictions (soil and ground)

14
Mutual recognition of qualifications

• A) Recognition for academic purposes
• B) Recognition for access to regulated career
• B1 automatic recognition (doctors, nursing
  sisters, apothecary, architects, vets)
• B2 semi automatic recognition (recognizing
  authority)
• B3 recognition on the base of practices (high
  schoolpractice)