Podcast
Questions and Answers
What concept was introduced by the Treaty of Maastricht in 1992?
What concept was introduced by the Treaty of Maastricht in 1992?
How does Grzelczyk 2001 define EU citizenship?
How does Grzelczyk 2001 define EU citizenship?
In the context of Freedom of Movement, what does the term 'Interstate Element' refer to?
In the context of Freedom of Movement, what does the term 'Interstate Element' refer to?
According to Rottmann, what must be considered when removing citizenship?
According to Rottmann, what must be considered when removing citizenship?
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What was significant about the Ruiz Zambrano case?
What was significant about the Ruiz Zambrano case?
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What is required for the free movement of workers within the EU?
What is required for the free movement of workers within the EU?
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Under which circumstance is economic activity not required for EU citizenship?
Under which circumstance is economic activity not required for EU citizenship?
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What is the primary implication of EU citizenship as stated in EU law?
What is the primary implication of EU citizenship as stated in EU law?
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What characterizes a customs union?
What characterizes a customs union?
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Which of the following is a feature of a common market?
Which of the following is a feature of a common market?
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What does the Home Country Model entail in economic integration?
What does the Home Country Model entail in economic integration?
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What was the primary goal of establishing the Common Market in 1957?
What was the primary goal of establishing the Common Market in 1957?
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Which article of the TFEU defines the internal market concept?
Which article of the TFEU defines the internal market concept?
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Which aspect is NOT included in the freedoms of the internal market?
Which aspect is NOT included in the freedoms of the internal market?
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What significant change did the Single European Act (1987) introduce in single market legislation?
What significant change did the Single European Act (1987) introduce in single market legislation?
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What does the Economic and Monetary Union signify in economic integration stages?
What does the Economic and Monetary Union signify in economic integration stages?
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What requires express derogations for directly discriminatory measures?
What requires express derogations for directly discriminatory measures?
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What is a key consideration in determining if a restriction is proportional?
What is a key consideration in determining if a restriction is proportional?
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Which of the following is an example of public interest justification?
Which of the following is an example of public interest justification?
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What does the Services Directive primarily address?
What does the Services Directive primarily address?
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Which of the following areas is included under the services covered by the directive?
Which of the following areas is included under the services covered by the directive?
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What does Article 51 refer to in the context of justifications for discrimination?
What does Article 51 refer to in the context of justifications for discrimination?
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Which case exemplifies the balancing of fundamental rights against EU law freedoms?
Which case exemplifies the balancing of fundamental rights against EU law freedoms?
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What is one of the main pillars of the Services Directive?
What is one of the main pillars of the Services Directive?
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What is one requirement for authorisation schemes under the establishment provisions?
What is one requirement for authorisation schemes under the establishment provisions?
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Which of the following is NOT one of the eight requirements prohibited by Article 14?
Which of the following is NOT one of the eight requirements prohibited by Article 14?
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What does Article 15 categorize as ‘suspect’?
What does Article 15 categorize as ‘suspect’?
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What was the major shift in policy regarding capital movements due to the Maastricht Treaty?
What was the major shift in policy regarding capital movements due to the Maastricht Treaty?
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What major legislative framework aims to assist individuals practicing in other Member States?
What major legislative framework aims to assist individuals practicing in other Member States?
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Which of the following is NOT a requirement for company law mentioned?
Which of the following is NOT a requirement for company law mentioned?
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What is the objective of eliminating restrictions on capital movements?
What is the objective of eliminating restrictions on capital movements?
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What characteristic is shared by all express derogations outlined in Article 17?
What characteristic is shared by all express derogations outlined in Article 17?
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What are the serious grounds for deportation after a resident has lived in a country for more than 5 years?
What are the serious grounds for deportation after a resident has lived in a country for more than 5 years?
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Which of the following is a factor considered when determining deportation for residents between 3 months and 5 years?
Which of the following is a factor considered when determining deportation for residents between 3 months and 5 years?
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According to the content, on what basis must restrictions on free movement be justified?
According to the content, on what basis must restrictions on free movement be justified?
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What is required for a valid justification of national action that breaches EU Law?
What is required for a valid justification of national action that breaches EU Law?
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In terms of public health, what must deportation decisions consider for residents present for up to 3 months?
In terms of public health, what must deportation decisions consider for residents present for up to 3 months?
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Which of the following does NOT contribute to the checklist for determining the application of EU Law?
Which of the following does NOT contribute to the checklist for determining the application of EU Law?
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What is necessary for a resident of less than 3 months to be deported?
What is necessary for a resident of less than 3 months to be deported?
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What is one recognized rule for protecting service recipients?
What is one recognized rule for protecting service recipients?
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Study Notes
European Union Citizenship
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Treaty of Maastricht (1992): Introduced the concept of EU citizenship.
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Grzelczyk 2001: Defines EU citizenship as a status conferring on every person holding the nationality of a Member State, rights and obligations within the legal order of the Union.
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"Interstate Element" (Freedom of Movement): The connection between a restriction and the movement of a person (or good/service) between Member States.
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Rottmann: When removing citizenship, Member States must consider the individual's links with the Member State and the consequences of losing citizenship.
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Ruiz Zambrano: The case established that EU citizens have the right to reside in another Member State if this is necessary for them to exercise their right to free movement.
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Free Movement of Workers: Requires freedom of movement between Member States for workers, including the right to seek employment and live in another Member State.
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Economic Activity Not Required for EU Citizenship: The right to reside is not dependent on economic activity once a person is a citizen of a Member State.
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Primary Implication of EU Citizenship (EU Law): It gives EU citizens the right to move and reside in other Member States.
Internal Market
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Customs Union: A form of economic integration that eliminates tariffs and other trade barriers between member countries and adopts a common external tariff.
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Common Market: Features include free movement of goods, services, capital, and labor.
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Home Country Model (Economic Integration): Allows for the free movement of goods and services without obstacles, and the country of origin is responsible for the initial regulation.
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Establishment of the Common Market (1957): Primary goal was to create a single market for goods and services, leading to increased trade and prosperity.
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Internal Market Concept (TFEU): Defined in Article 26 of the Treaty on the Functioning of the European Union (TFEU).
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Freedoms NOT Included in the Internal Market: Includes areas such as taxation, environmental protection, and consumer protection.
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Single European Act (1987): Introduced measures like the "mutual recognition" principle, which allows goods to be sold in other Member States if they meet the technical requirements of the country of origin.
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Economic and Monetary Union: Signifies a high level of economic integration, characterized by a single currency and a coordinated monetary policy.
Discrimination and Justification
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Express Derogations for Directly Discriminatory Measures: Are specifically allowed by EU law and require justification based on public policy, public security, or public health.
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Proportionality: A restriction must be necessary to achieve a legitimate objective and proportionate to the aim pursued.
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Public Interest Justification: May include protection of public health, public security, or public policy.
Services Directive
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Services Directive: Addresses restrictions on the provision of services across borders and aims to create a single market for services.
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Services Covered by the Directive: Includes areas like healthcare, transportation, education, and financial services.
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Article 51 (Justifications for Discrimination): Allows for certain limitations on freedom of movement based on public policy, public security, public health, or the protection of the fundamental rights of others.
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Balancing of Fundamental Rights Against EU Law Freedoms: The case Viking Line ABP v. International Transport Workers' Federation demonstrates the balancing of fundamental rights with EU law freedoms.
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Main Pillars of the Services Directive: Include simplification of administrative procedures, the principle of country of origin, and the right to establish and provide services in another Member State.
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Authorisation Schemes (Establishment Provisions): These must be transparent, proportionate, and non-discriminatory.
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Prohibited Requirements (Article 14): Include requirements that are based on nationality, residence requirements, and the use of national language without justification.
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Article 15: "Suspect" Requirements: Include restrictions on access to the market, requirements for administrative authorization, and requirements for financial guarantees.
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Capital Movements (Maastricht Treaty): A major shift in policy, moving from restrictions to free movement of capital across borders.
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Legislative Framework (Assisting Individuals Practicing in Other Member States): Aimed at facilitating the recognition of professional qualifications within the EU.
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Company Law Requirements: These include the requirement for a registered office, a legal representative, and the principle of mutual recognition of company forms.
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Objective of Eliminating Restrictions on Capital Movements: To encourage investment and trade between Member States.
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Characteristic of Express Derogations (Article 17): They need a clear justification based on public policy, public security, or public health.
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Serious Grounds for Deportation (Residency of More than 5 Years): Include a serious threat to public security, a significant and current threat to public order, or a serious offense against the country's penal law.
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Deportation (Residents Between 3 Months and 5 Years): Factors considered include the gravity of the offense, the length of stay in the country, and the threat posed by the individual to public security or public policy.
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Justification for Restrictions (Free Movement): Restrictions on free movement must be justified based on public policy, public security, or public health grounds.
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Valid Justification of National Action (Breaching EU Law): Justification must be clear, precise, and based on a legitimate objective, with the appropriate level of proportionality.
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Public Health (Deportation Decisions – Residents Up to 3 Months): Decisions must consider the gravity of the threat posed and must be proportionate to the public health objective pursued.
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Application of EU Law: Factors considered include the objectives of the relevant EU law, the degree of implementation of EU law in the Member State, and the content of the national law in question.
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Deportation (Less Than 3 Months): Can occur if the resident poses a serious current threat to public policy, public security, or public health.
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Protecting Service Recipients: One rule involves providing clear and easily accessible information about the service provider, including their professional qualifications, their identity, and their contact details.
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Description
This quiz explores the various stages of economic integration including Free Trade Areas, Customs Unions, Common Markets, and Economic Unions. Additionally, it examines methods of integration such as Host Country, Harmonized, and Home Country models. Test your knowledge on the development of internal markets and their implications.