11. Free movement of goods

2020 ◽  
pp. 294-322
Author(s):  
Sylvia de Mars
Keyword(s):  
Member State ◽  
Specific Volume ◽  
Internal Market ◽  
Free Movement ◽  
Eu Law ◽  
Legal Rules ◽  
Starting Point ◽  
Free Movement Of Goods ◽  
The Uk ◽  
The Eu

This chapter explores the free movement of goods, which lies at the very heart of the internal market. The idea of the free movement of goods was the starting point that the EEC Treaty aimed for, and remains one of the greatest achievements of the EU to date. However, as with everything in EU law, there are a lot of legal rules underpinning a fairly straightforward concept. The Treaty contains two separate sets of provisions that address matters of taxation when it comes to trade in products. The first relates to border taxation, while the second relates to internal taxation. With regard to non-taxation issues, the primary issue is quantitative restrictions: situations where a Member State either blocks a specific volume of products from entering its market, or outlaws/bans a product altogether. The chapter then considers the exceptions to free movement of goods, and assesses how Brexit may impact on the free movement of goods between the UK and the EU.

EU Law in the UK

2020 ◽  
Author(s):  
Sylvia de Mars
Keyword(s):  
Decision Making ◽  
Competition Law ◽  
Free Movement ◽  
Contextual Approach ◽  
Eu Law ◽  
History Of ◽  
Free Movement Of Goods ◽  
The Uk ◽  
Domestic Law ◽  
The Eu

EU Law in the UK tackles this subject with a post-Brexit perspective. It has a contextual approach, aiming to present the topic in a fresh and relatable way. Topics covered include the history of the EU from 1972 to the present day, the EU institutions, decision making and democracy, EU legislative powers, and the limits to those powers. The text also looks at the relations between EU and national law, domestic law, and enforcing EU law. It also considers the internal (or common, or single) market, the free movement of goods and workers, EU citizenship, and the free movement of services. Competition law is also touched upon. Finally, the text looks towards the future and considers how the UK can negotiate a future relationship with the EU.

Brexit and the EU Internal Market

2017 ◽  
Author(s):  
Catherine Barnard
Keyword(s):  
Internal Market ◽  
Single Market ◽  
Free Movement ◽  
Free Movement Of Goods ◽  
Uk Government ◽  
The Uk ◽  
The Eu

The chapter considers Brexit and the EU internal market. Barnard emphasizes the role that the UK played in creating the EU internal market and examines the view that its four freedoms—free movement of goods, services, capital, and people—are indivisible. The decision of the UK to leave the EU has paradoxically contributed to entrench the view that the four freedoms are indivisible. This reduces the possibility for the UK to maintain access to the EU single market after Brexit—a fact acknowledged even by the UK government. However, the EEA model might be the best solution for the UK post-Brexit, reflecting UK citizens’ demands, and also in the interest of the EU. Nevertheless, the withdrawal of the UK may strengthen protectionist trends within the EU. Moreover, Barnard emphasizes that Brexit poses challenges for the UK internal market, which the Great Repeal Bill will need to address.

Article 50 TEU: The Quest for an Orderly Withdrawal and the Possibility of Alternative Denouements

2021 ◽  
pp. 21-47
Author(s):  
Michael Dougan
Keyword(s):  
European Union ◽  
Member State ◽  
Eu Law ◽  
Legal Systems ◽  
Article 50 ◽  
The Uk ◽  
The Eu

This chapter sets out the basic constitutional framework, under EU law, governing the withdrawal of a Member State. Article 50 of the Treaty on European Union recognizes the sovereign right of any State to leave the EU and sets out a process for agreeing the terms of an orderly departure. But Brexit also required the EU and the UK to undertake extensive internal preparations, to ensure their own legal systems were ready for the UK’s departure. Moreover, Article 50 itself is drafted in only brief and sketchy terms, leaving many important decisions about Brexit to be worked out in practice. And EU law allows for other final outcomes to the withdrawal process—including a ‘no deal Brexit’; or the UK’s right to ‘revoke and remain’ under the Wightman ruling.

8. The Free Movement of Goods

2019 ◽  
pp. 251-294
Author(s):  
Nigel Foster
Keyword(s):  
Internal Market ◽  
Free Movement ◽  
Eu Law ◽  
Integration Methods ◽  
Equivalent Effect ◽  
Free Movement Of Goods

This chapter discusses EU law on the free movement of goods. It covers legislative provisions; progress towards the treaty goals; integration methods; the establishment of the internal market; the prohibition of discriminatory taxation; summary on tariff barriers; quantitative restrictions and measures having equivalent effect; the ban of Article 34 TFEU and derogations of Article 36 TFEU; equally applicable measures (indistinctly applicable measures); and notable cases including Dassonville, Cassis de Dijon, Keck, and Mithouard.

22. Free Movement of Workers

EU Law ◽  
2020 ◽  
pp. 809-860
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Family Members ◽  
Legal Issues ◽  
Free Movement ◽  
Eu Law ◽  
Central Importance ◽  
European Court ◽  
Free Movement Of Workers ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law. The UK version contains a further section analysing issues concerning free movement of workers between the EU and the UK post-Brexit.

22. Free Movement of Workers

EU Law ◽  
2020 ◽  
pp. 781-831
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Family Members ◽  
Legal Issues ◽  
Free Movement ◽  
Eu Law ◽  
Central Importance ◽  
European Court ◽  
Free Movement Of Workers ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law. The UK version contains a further section analysing issues concerning free movement of workers between the EU and the UK post-Brexit.

6. Free movement of persons

2020 ◽  
pp. 121-153
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Member State ◽  
General Principle ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Scope Of Application ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Eu

This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.

The Internal Market at a Social Turn? Social dumping and the protection of workers

2020 ◽  
Vol 22 (4) ◽  
pp. 403-420
Author(s):  
Catherine Jacqueson
Keyword(s):  
Member State ◽  
Competition Law ◽  
Internal Market ◽  
The Other ◽  
Free Movement ◽  
Race To The Bottom ◽  
The Social ◽  
To Come ◽  
The One ◽  
The Eu

Free movement should in theory enable individuals to fight poverty at home by finding employment in another Member State. Yet, free movement is not always that easy and can in practice lead to social dumping in specific sectors where posted workers ultimately push salaries to the bottom. Such a race to the bottom might also arise outside a free movement context when workers are falsely qualified as self-employed thus undercutting wages. This article argues that EU economic law both creates risks of social dumping and remedies them. It calls for a rebalancing of the liberal ethos of the principle of free movement and competition law on the one hand, and the social objectives of the EU, on the other hand. A key question is whether it is possible to redress the balance between the economic and the social from within the internal market logic or whether the social push has to come from outside.

Article 197 TFEU

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Mutual Recognition ◽  
Legal Framework ◽  
Direct Application ◽  
Free Movement ◽  
Eu Law ◽  
Specific Mechanism ◽  
Public Authorities ◽  
Free Movement Of Goods ◽  
The Many ◽  
The Eu

The effectiveness of the many rights and obligations under EU law rests on a legal framework consisting of direct application of Treaty rules, harmonized European rules, national rules, and mutual recognition, and the task of implementing and ensuring compliance with these rules lies, in practice, with a large number of public authorities in the twenty-eight MS. In order to carry out this task, MS’ authorities need to cooperate closely, meaning that administrative cooperation is not only desirable but is required by the very nature of the EU. In the context of the free movement of goods, many circulation regimes are accompanied by their own specific mechanism of administrative cooperation.

BENEFITS FOR EU CITIZENS: A U-TURN BY THE COURT OF JUSTICE?

2015 ◽  
Vol 74 (2) ◽  
pp. 195-198 ◽  
Author(s):  
Steve Peers
Keyword(s):  
European Union ◽  
Social Welfare ◽  
Member State ◽  
Eu Law ◽  
The European Union ◽  
Welfare Benefits ◽  
Court Of Justice ◽  
Uk Government ◽  
The Uk ◽  
The Eu

THE recent judgment of the Court of Justice of the European Union in the case of Dano (ECLI:EU:C:2014:2358) clarified some important points as regards access to social welfare benefits by EU citizens who move to another Member State. Furthermore, the judgment could have broad implications for any attempts by the UK Government to renegotiate the UK's membership of the EU, which is likely to focus on benefits for EU citizens coming to the UK. This note is an updated and expanded version of my analysis on the EU Law Analysis blog: http://eulawanalysis.blogspot.co.uk/2014/11/benefit-tourism-by-eu-citizens-cjeu.html.

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