STEP 4: Is the discrimination justified?
4 important questions on STEP 4: Is the discrimination justified?
Explain the two main ways in which indirectly discriminatory measures can be justified under Article 45(3-4) TFEU OR Cassis?
- Article 45(3-4) TFEU OR
- Cassis exceptions - Bosman stated that the exceptions were relevant to FM of workers so long as it was 'a legitimate aim...justified for pressing reasons of public interest'.
- Fiscal supervision
- Protection of public health
- Fairness of commercial transactions
- Defence of the consumer
- Protection of culture
- Protection of environment
Explain the two main ways in which indirectly discriminatory measures can be justified under Article 45(3-4) TFEU OR Cassis?
- Article 45(3-4) TFEU OR
- Cassis exceptions - Bosman stated that the exceptions were relevant to FM of workers so long as it was 'a legitimate aim...justified for pressing reasons of public interest'.
- Fiscal supervision
- Protection of public health
- Fairness of commercial transactions
- Defence of the consumer
- Protection of culture
- Protection of environment
How did the ECJ narrow the scope of the words 'employment in the public service' to include only a select number of roles in art. 45(4) in (Commission v Belgium)?
- 'the exercise of powers conferred by public law'
- 'safeguarding the general interests of the State'
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How did the ECJ narrow the scope of the words 'employment in the public service' to include only a select number of roles in art. 45(4) in (Commission v Belgium)?
- 'the exercise of powers conferred by public law'
- 'safeguarding the general interests of the State'
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