Week 1: Setting the scene
Lecture 1:
The EU is an international organization and a political union. It was started to prevent war right after
the second world war. It started as an economic organization with 6 founding member states. The aim
was to have an economic collaboration and political integration. In art. 2 and of the TFEU you can
find the values and principles of the EU.
The EU institutions you can find in art. 13 TFEU:
- European commission - Art. 17 TFEU
o Represents the common interest
o Draws proposals and has the right to initiative new laws
o Promotes the general interest of the union
- Parliament – art.14 TFEU
o Represents citizens interest
o Gives his view on the proposal of the European commission, then sends it to the
council.
o Exercise legislative and budgetary functions. It elects the president of the
Commission.
- Council – art. 16 TFEu
o Represents the national interest
o Gives his view on the proposal of the European commission
o Ministers of member states
- European Council – art. 15 TFEU
- Court of Justice
There are a few sources of EU law:
1) Primary
a. EU treaties
b. General principles
2) Secondary hard law
a. Regulation
b. Directives
c. Discissions
3) Secondary soft law
a. Recommendations
b. Opinions
Legal acts
- Regulations
o Binding in their entirety in all Member States
o Directly applicable
o Directly effective
- Directives
o Binding as to the result achieved
o No directly applicable
o Vertical direct effect
- Decisions
o Binding in their entirety
o Directly applicable
, o Specific to those to whom it is addressed.
Directly applicable → doesn’t need any implication act
Not directly applicable → member states are given some time to transpose the rules into their
national law.
Direct effect → a citizen can go to the national court with EU law.
Vertical direct effect → only against government, not against other citizens. The government didn’t
apply the directives good.
Judicial protection in the EU
The national court can ask preliminary questions to the ECJ to ask stuff about the EU law. (art. 267
TFEU). It is a judgement that doesn’t really solve a case, but it gives the national court some help to
solve their case.
National courts always apply EU law
Knowledge clip 2: Overview Fundamental Freedoms
Apply the most specific classification to your case.
1) Does EU law apply at all?
2) What is the nationality of the person?
a. Is it a person from an EU member state?
i. Also look at family members
3) Is there an interstate element?
Next you must look if they are a:
- Worker
o Art 45 TFEU
o Reg 421/11 + CRD
- Self-employed worker
o Art. 49 jo. 56 TFEU
o Dir 2006/123 +CRD
- Migrant, others/non-econ
o Art 21 TFEU
o CRD
- Non-migrant
o No cross border situation
o Art. 20 TFEU
, Week 2: Establishment & Services
Lecture week 2
Establishment & Establishment Services
Services in the Treaty
(relevant provisions)
Prohibitive Treaty Article 49 TFEU Article 56 TFEU
provision
Article 57 TFEU
(Definition of services)
Treaty exceptions Articles 51 & 52 TFEU Articles 51 & 52 TFEU
(via Article 62 TFEU
Legal basis for Article 53(1) TFEU Article 53(1) TFEU in
secondary legislation conjunction with Article
(harmonization) 62 TFEU
When do the provisions on establishment & services apply?
There must be economic activity:
- Legal service (Gebhard)
- Sale soft drinks (Josemans)
- Financial services (Alpine Investments)
- Digital payments
- Data
- Other forms of counter performances
Unlawful activities are excluded (Josemans para 42)
Establishment
‘Participation on a stable and continous basis in economic life of MS’ (Gebhard, para 25)
Self-employed service provider versus worker, who performs services for and under the direction of
another person.
What is prohibited by Article 49 TFEU?
- Prohibition of discrimination on grounds of nationality
- All restrictions on market access are prohibited (Gebhard, para 37)
- No restrictions subject to Directive 2004/38 (Week 5)
There can be exceptions;
- Treaty exceptions in art. 51 and 52 TFEU
o Limited list
- Rule of reason-exceptions
o Mandatory requirements (gebhard)
▪ There are reasons that a specific rule is allowed (judge must study dutch law
before practicing it)
o Open list of grounds
Service
Non-tangible (as compared to goods)
- If free movement of goods aspect entirely secondary to services → services will apply
(Josemans, para 50)
- Retail trade in goods services (Visser Vastgoed, paras 90-91)
Lecture 1:
The EU is an international organization and a political union. It was started to prevent war right after
the second world war. It started as an economic organization with 6 founding member states. The aim
was to have an economic collaboration and political integration. In art. 2 and of the TFEU you can
find the values and principles of the EU.
The EU institutions you can find in art. 13 TFEU:
- European commission - Art. 17 TFEU
o Represents the common interest
o Draws proposals and has the right to initiative new laws
o Promotes the general interest of the union
- Parliament – art.14 TFEU
o Represents citizens interest
o Gives his view on the proposal of the European commission, then sends it to the
council.
o Exercise legislative and budgetary functions. It elects the president of the
Commission.
- Council – art. 16 TFEu
o Represents the national interest
o Gives his view on the proposal of the European commission
o Ministers of member states
- European Council – art. 15 TFEU
- Court of Justice
There are a few sources of EU law:
1) Primary
a. EU treaties
b. General principles
2) Secondary hard law
a. Regulation
b. Directives
c. Discissions
3) Secondary soft law
a. Recommendations
b. Opinions
Legal acts
- Regulations
o Binding in their entirety in all Member States
o Directly applicable
o Directly effective
- Directives
o Binding as to the result achieved
o No directly applicable
o Vertical direct effect
- Decisions
o Binding in their entirety
o Directly applicable
, o Specific to those to whom it is addressed.
Directly applicable → doesn’t need any implication act
Not directly applicable → member states are given some time to transpose the rules into their
national law.
Direct effect → a citizen can go to the national court with EU law.
Vertical direct effect → only against government, not against other citizens. The government didn’t
apply the directives good.
Judicial protection in the EU
The national court can ask preliminary questions to the ECJ to ask stuff about the EU law. (art. 267
TFEU). It is a judgement that doesn’t really solve a case, but it gives the national court some help to
solve their case.
National courts always apply EU law
Knowledge clip 2: Overview Fundamental Freedoms
Apply the most specific classification to your case.
1) Does EU law apply at all?
2) What is the nationality of the person?
a. Is it a person from an EU member state?
i. Also look at family members
3) Is there an interstate element?
Next you must look if they are a:
- Worker
o Art 45 TFEU
o Reg 421/11 + CRD
- Self-employed worker
o Art. 49 jo. 56 TFEU
o Dir 2006/123 +CRD
- Migrant, others/non-econ
o Art 21 TFEU
o CRD
- Non-migrant
o No cross border situation
o Art. 20 TFEU
, Week 2: Establishment & Services
Lecture week 2
Establishment & Establishment Services
Services in the Treaty
(relevant provisions)
Prohibitive Treaty Article 49 TFEU Article 56 TFEU
provision
Article 57 TFEU
(Definition of services)
Treaty exceptions Articles 51 & 52 TFEU Articles 51 & 52 TFEU
(via Article 62 TFEU
Legal basis for Article 53(1) TFEU Article 53(1) TFEU in
secondary legislation conjunction with Article
(harmonization) 62 TFEU
When do the provisions on establishment & services apply?
There must be economic activity:
- Legal service (Gebhard)
- Sale soft drinks (Josemans)
- Financial services (Alpine Investments)
- Digital payments
- Data
- Other forms of counter performances
Unlawful activities are excluded (Josemans para 42)
Establishment
‘Participation on a stable and continous basis in economic life of MS’ (Gebhard, para 25)
Self-employed service provider versus worker, who performs services for and under the direction of
another person.
What is prohibited by Article 49 TFEU?
- Prohibition of discrimination on grounds of nationality
- All restrictions on market access are prohibited (Gebhard, para 37)
- No restrictions subject to Directive 2004/38 (Week 5)
There can be exceptions;
- Treaty exceptions in art. 51 and 52 TFEU
o Limited list
- Rule of reason-exceptions
o Mandatory requirements (gebhard)
▪ There are reasons that a specific rule is allowed (judge must study dutch law
before practicing it)
o Open list of grounds
Service
Non-tangible (as compared to goods)
- If free movement of goods aspect entirely secondary to services → services will apply
(Josemans, para 50)
- Retail trade in goods services (Visser Vastgoed, paras 90-91)
