Belgrade Law Faculty Master-Course Human Rights and Non-Discrimination Liberty of Movement Prof. Thomas Fleiner.

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Presentation transcript:

Belgrade Law Faculty Master-Course Human Rights and Non-Discrimination Liberty of Movement Prof. Thomas Fleiner

ARTICLE 26 TFEU 1.The Union shall adopt measures with the aim of establishing or ensuring the Functioning of the internal market, in accordance with the relevant provisions of the Treaties. Treaty on the Functioning Of the EU (TFEU

Diversity of Economic Rights Liberty of Commerce EC 16 Liberty of Economic Activity EC 16 Property EC 17 Professional Freedom EC 15 Relation to EHRC: Prohibition of forced labor, Protocol 1: property Access to Education and continuous educ. EC 14 Protection against unreasonable dismissal EC 30 Liberty of Companies EC 16 Liberty of Contract EC 16

Diversity of Social Rights Equality before the law EC 20 Non-Discrimination EC 21 Children, elderly and disabled EC 24/5/6 Social Security and Social assistance EC 34 Housing (EC 34) Health Care (EC 35) Access to Services of general econo- Mic interest (EC 36) Environmental Protection (EC 37)

Four Freedoms of the EU: TFEU Treaty Functioning EU Freedom of movement of: Services: 56 – 62 TFEU Bosman Goods: TFEU Products Cassis de Dijon Capital and payments: TFEU Euro? Persons: TFEU Schengen Including Freedom of Establishment (49-55 TFEU) Bosman

Free Competition Definition: Competition arises when firms Fight for customers by offering them a Better deal in terms of price, quality, Range, reliability or associated services. Adam Smith: Wealth of nation just repar- tition of wealth with market freedom gua- ranteed by th “invisible hand” Competition: prices low, reduces costs and enhances quality

Problems of free competition Pareto equilibrium: Have an outcome in Which no one can be better off without Making someone else worse off. To avoid: Monopolies, no distortion due To asymmetric information, absence of un- Compensated externalities Externality benefit: education, security, Infrastructure, health services etc. Externality cost: pollution, damage to the environment

Marx’s Concept Prices for goods: Market and Demand But not: Costs of Production Salaries for Workers: Market and Demand But not: Needs of Workers Problem: who defines the need? The Power of the one who defines the need

How to regulate economy Protection of consumers Protection of workers labour law – Minimum wages Market: Reduction of offer, mini- prices on the market, reduction of demand Prohibition of monopolies guarantee of Free competition

Basic Limits of Economic Freedom EC 52 par 1 Law and legislation respect of the Essence of the rights Public interest: objectives of the EU Necessary for the protection of the Rights and freedoms for the others e.g. Consumer Protection Proportionality

Property Limits to property Public interest and expropriation Legislation Public Interest Proportionality / Rationality?

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