Justification
3 important questions on Justification
What are some overriding reasons relating to the general interest for justification?
Protection of public health, protection of service-recipient, worker protection, protection of social security system, consumer protection.
Always non-discriminatory and proportionate!
Always non-discriminatory and proportionate!
ECJ case C-36/02, judgement of 14 Oct 2004, Omega "Laserdrome". What were the facts of the case?
- “Laserdrome”: installation imported from UK which allows for shooting human targets, using a laser beam; playful “killing” of human beings
- German authorities banned operation (in other MS such installations remained to be lawful)
ECJ case C-36/02, judgement of 14 Oct 2004, Omega "Laserdrome". What was the decision of the ECJ?
- Restriction of fos
- Justification: protection of public policy
- Protection of human dignity is part of EU fundamental rights - Since both the Community and its Member States are required to respect fundamental rights, the protection of those rights is a legitimate interest which, in principle, justifies a restriction of the obligations imposed by Community law, even under a fundamental freedom guaranteed by the Treaty such as the freedom to provide services.”
- Doubtlessly, objective of protecting human dignity is in accordance with EU law
- MS have margin of discretion when assessing the concrete facts of a case
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