The fundaments of the single European market

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Presentation transcript:

The fundaments of the single European market Tamas Dezso Ziegler The fundaments of the single European market (an overview)

The single European market (单一的欧洲市场 - 單一的歐洲市場 28 states (Brexit – UK may leave the EU) + Iceland, Switzerland, Norway, Lichtenstein (European Economic Area)

Four freedoms (四個自由, 四个自由) - EU: independent legal system Intra-EU trade Slightly similar: ASEAN+6 Free movement of goods Free movement of persons Free movement of services Free movement of capital

Free movement of goods (貨物的自由流動 - 货物的自由流动) No customs (沒有義務- 没有义务) No discriminating tax No quantitative restriction (quotas)

Free movement of goods (貨物的自由流動 - 货物的自由流动) EU customs Union (歐盟海關聯盟 - 欧盟海关联盟) Source: openeurope.org.uk

Court of Justice of the European Union (歐洲法院 - 欧洲法院)

Dassonville case Whiskey No extra measure is necessary to prove it’s really from Scotland

Cassis de Dijon case Germans did not allow to sell certain „lighter” alcoholic beverages EU court: they must accept them

Keck case France: supermarkets could not sell goods cheaper than their original purchase price EU court: this is conform with the single market

Free movement of persons (人員自由移 - 人员自由移动) EU citizensip (citizens of a country): free move without barriers Third countries: Short term: EU rules on visa Third cuntries: long term: national/state law applies Family unification (Zu & Chen case)

Refugee law (難民法 – 难民法) Syria, Iraq Tensions in the EU

Schengen zone No control at the borders inside the EU! Strict control of external borders Database (Schengen Information System II): for criminals and objects

Ruttili case Former criminals may also freely move Unless they are proven to be dangerous

Van Duyn case Scientology (科學神教 - 科学神教) Public order can be a reason of refusal

Free „movement” of companies (公司的移動 - 公司的移动) Only establishment of a company within the EU by an EU citizen is free

Free flow of services Prividing services AND Using services

Hospital EU citizens may use hospitals abroad European Health Insurance Card

Lawyers May represent clients in the courts of any European country „THE Law Society of Ireland dealt with a surge in queries on Friday from UK lawyers seeking information on how to be admitted to practise in Ireland, after the unexpected “leave” result in the Brexit referendum”. https://www.thetimes.co.uk/

Free flow of capital (自由流動的資本 - 资本自由流动) May transfer money from an EU member country to the other EU member country No permission is necessary States may ask for a notification Also the investment of money is free!!!!

Free flow of capital (自由流動的資本 - 资本自由流动) Tensions: who should be entitled to buy land in a country?

Free flow of capital (自由流動的資本 - 资本自由流动) Strategically important companies: may states have more rights than other shareholders? And to do other strategic changes (change of directors, etc.) as well… Source: Diana Liu, https://www.slideshare.net/dianaliu/stock-market-buzzwords