Testing the Scope of EU Competences: Free Movement And Member States’ Societal Choices

9 important questions on Testing the Scope of EU Competences: Free Movement And Member States’ Societal Choices

How does free movement limits the scope of ms?

Every right of an EU citizen to exercise a free movement right and exercise rights in another member state automatically limits the scope of that member state to restrict that citizens’ rights. So provisions on citizenship limit the scope of action of member states.

What is the conclusion from this about if ms are sheltered from eu law?

So the conclusion is, there are no areas where the members states are sheltered from EU law. It is not sufficient to know that the EU has no legislative competence, that it’s not listed in the treaty. Even in the competences reserved to MS , principles of EU law may still be applicable.

What falls under free movement?

? I will just introduce these free movement rules to those who are not really familiar with them. It’s about free movements of goods, services, persons, capital. These are the fundamental or economic freedoms which are the basis of the internal market

So it all has to do with economic activities with a cross border aspect,
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How does the court acess if a restriction is

it a legitimate objective? And is the measure proportionate, is it fit to achieve that objective? Is it necessary?

WHAT IS prohibithed on imports free movement?

Quantitative restrictions or measures off equal effect.

What are the justification in art. 36 on restrictions free movement?

Oublic policy, securty, public morality. A ms cant do this if the area had been hamronised. It must be proportionate

What is decided in keck and mthouard ?

Selling arrangements are not regarede as a measure of equivalent effect. But it needs to count for all.

What does art.45 tfeu prohibit? And are restrictions possible?

All direct or in direct discrimination. Yes under (3)public policy etc,

What is n the diffrence between 114 and 115

114:OLP, any measure
115 : council unanimity, directives only

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