16TFEU Articles and EU Citizenship Quiz

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Questions and Answers

What does Article 34 TFEU specifically prohibit?

All forms of taxation between Member States

The establishment of a common customs tariff

Exports of goods to non-Member States

Quantitative restrictions on imports and equivalent measures between Member States (correct)

Which of the following is included in the exceptions allowed under Article 36 TFEU?

Economic competitiveness

Support for local businesses

The protection of public morale (correct)

Free movement of goods

How is 'goods' defined in the context of the TFEU?

All products capable of being valued in money and subject to commercial transactions (correct)

All assets owned by a country

Only physical products that can be sold

Only agricultural and manufactured products

What is the focus of Article 110 TFEU?

The prohibition of discriminatory internal tax measures Signup and view all the answers

What does Article 35 TFEU address regarding trade between Member States?

Restrictions on the export of goods Signup and view all the answers

What was the primary view of individuals under the Treaty of Rome?

Individuals were viewed primarily as factors of production. Signup and view all the answers

What type of activities does the right of free movement primarily apply to under the Treaty of Rome?

Salaried and self-employed economic activities. Signup and view all the answers

Which fundamental economic freedom is related to employees under the Treaty of Rome?

Articles 45-48 TFEU Signup and view all the answers

What are the rules concerning self-employed persons established in a Member State related to?

Articles 49-55 TFEU Signup and view all the answers

What is the focus of the rules regarding the movement of people in the context of the Treaty of Rome?

Considering individuals primarily as engaged in economically relevant activities. Signup and view all the answers

What is the main purpose of the directive 90/364/EEC?

To promote the right of residence for all individuals Signup and view all the answers

What characterized the introduction of EU citizenship in 1992?

It marked the end of mercantilist concepts in EU integration. Signup and view all the answers

What does the right of residence for non-working EU citizens allow?

It grants movement rights to EU citizens and their family members. Signup and view all the answers

What is stipulated in Article 20 of the TFEU regarding EU citizens?

EU citizenship includes rights to movement not based on economic activities. Signup and view all the answers

What limitations are associated with the directives concerning residence rights?

Ownership of housing and health insurance Signup and view all the answers

Which of the following best describes the content of Directive 2004/38/EC?

It implemented rights of movement and residence for EU citizens. Signup and view all the answers

Which committee contributed to the development of EU citizenship in 1984?

The Adonnino Committee Signup and view all the answers

What does Article 49 of the TFEU refer to?

The right to establishment for self-employed persons Signup and view all the answers

What was a key goal of the Single Act in the context of the internal market?

Elimination of technical, physical, and fiscal frontiers Signup and view all the answers

Which of the following changes did the Single Act introduce concerning decision-making?

Allowed for majority voting in specific significant cases Signup and view all the answers

What is meant by 'flanking policies' as referenced in the context of the internal market?

Policies that aim to support and enhance the internal market Signup and view all the answers

Which aspect of regulation did the Single Act suggest using in absence of harmonization?

Mutual recognition of national regulations Signup and view all the answers

What does the current notion of the internal market encompass beyond just free mobility?

Protection and promotion of various social and environmental values Signup and view all the answers

What was a significant effect of the publication of the White Paper on the Internal Market?

Acceleration of the realization of the internal market Signup and view all the answers

Which competence has gradually increased for the Union as related to the internal market?

Consumer protection and environmental policies Signup and view all the answers

How did the approach to tax matters change with the introduction of the Single Act?

Focus on harmonization of indirect taxation to eliminate competitive distortions Signup and view all the answers

What is required for a person to be considered a worker under EU law?

They must receive instructions from an employer Signup and view all the answers

Which of the following is NOT a requirement for the employed nature of the activity?

Receiving a salary above a specific threshold Signup and view all the answers

What does the term 'free movement of workers' imply for Member States?

They are primarily responsible for adhering to the rights of workers Signup and view all the answers

Under Article 45 TFEU, the concept of 'worker' cannot be interpreted by reference to which of the following?

National laws Signup and view all the answers

Which of the following does NOT fall under the provisions of free movement of persons?

Civil servants Signup and view all the answers

What is the significance of the direct effect in terms of free movement of workers?

It requires no action from Member States to enforce rights Signup and view all the answers

Which of the following conditions must be met to quality as an effective activity?

It must provide remuneration Signup and view all the answers

What risk arises from confining the scope of Article 48 to acts of a public authority?

Inequality in the application of worker rights across Member States Signup and view all the answers

What is one requirement for legal persons under the freedom of establishment?

They must be incorporated in accordance with the law of a member state. Signup and view all the answers

What does the freedom of establishment primarily allow an individual to do?

Move to a member state to pursue a non-salaried economic activity. Signup and view all the answers

What distinguishes a primary establishment from a secondary establishment?

Primary establishment indicates a permanent move away from the home member state. Signup and view all the answers

Which directive is referenced concerning the primary establishment of companies?

Directive 2019/2121 Signup and view all the answers

What does 'national treatment' ensure concerning the rights of established individuals in a host member state?

Individuals receive equal treatment to local citizens in terms of economic activity. Signup and view all the answers

Which of the following is true regarding secondary establishments?

They allow the establishment of agencies or branches in another state. Signup and view all the answers

What is the main implication of the prohibition of nationality clauses?

It ensures equality in market access regardless of nationality. Signup and view all the answers

How does secondary establishment blur the line with the freedom to provide services?

Secondary establishments also include service provision activities. Signup and view all the answers

Study Notes

EU Law (Global Law)

The internal market and EU citizenship

Preliminary Remarks

The establishment of a common/single/internal market is fundamental to European integration.
This concept includes the free movement of goods, labor, services, and capital.
The Lisbon Treaty governs the internal market in Part III of the TFEU.
The Court of Justice upholds the fundamental nature of the articles in the TFEU relating to free movement.

Negative vs Positive Integration

Initially, negative integration focused on eliminating barriers imposed by member states on trade.
Positive integration, beginning in the 1980s, focused on harmonizing market regulations and eliminating technical, physical, and fiscal borders.
The Single European Act, and White Paper on the Internal Market, are significant milestones in this shift.

Ancillary Competences

Initiatives fostering free movement include consumer protection, environmental protection, etc.
EU competencies have expanded due to policies laid down in the Single Act and the Maastricht Treaty.
The internal market concept goes beyond free movement of factors of production to include issues such as labor, equality, environment, and culture.

Common Features of Four Fundamental Freedoms

Member States cannot restrict the free movement of goods, services, persons, or capital.
These prohibitions have immediate effect and are subject to extensive interpretation by the European Court of Justice (ECJ).
Formal and material discrimination (treating nationals and those from other member states differently or similarly while not addressing different starting points) are prohibited.

Possible Justifications of Restrictions

Restrictions on free movement can be justified, but there are specific requirements set by the Treaty.
Distinctly applicable measures can be justified by the Treaty.
Indiscriminately applicable measures can be justified based on specific, objective reasons. Proportionality is a key factor.

Free Movement of Goods

Articles 34-37 TFEU prohibit quantitative restrictions and measures having equivalent effect between member states.
Article 28 ff. TFEU prohibit customs duties and charges.
A common customs tariff is established in relations with third countries.
Article 110 TFEU prohibits discriminatory or protectionist internal tax measures.

Prohibition of Quantitative Restrictions and Equivalent Measures

Imports and exports are prohibited by Articles 34 and 35 respectively.
Exceptions to the prohibition concerning public morality, public policy, public security, health, or protection of national goods.
Court cases like Geddo have had a bearing on interpretation of these provisions.

Notions of Quantitative Restrictions

Quantitative restrictions are clear and easy to interpret.
Absolute and partial prohibitions are included.
Court cases and interpretations have clarified how similar measures are considered quantitative restrictions, such as encumbrances on goods in transit.

The Notion of a Measure Having an Equivalent Effect

Measures referable to public authorities and not private conduct are included.
The Dassonville formula helps define these measures.

Distinctly Applicable Measures

These measures apply only to imported goods.
Examples include rules requiring permits, special licenses, or health checks.
Court cases clarified the application of restrictions in this area.

Indistinctly Applicable Measures

These measures apply to all goods within a Member State, regardless of their origin.
Technical standards, or diverse regulations across member states, can create obstacles.
Mutual recognition and proportionality are crucial elements for evaluation of these restrictions.

Economic Nature of Movement of Persons

The common market removal of barriers in movement of goods, services, and capital impacts individuals as factors of production.
Movement of individuals is linked to whether they are seeking paid employment, or self employment, or related to another person for establishment.

The Three Economic Freedoms

Employees (Article 45-48 TFEU)
Self-employed persons (Article 49-55 TFEU)
Those providing services (Article 56-62 TFEU)

Expansion of Beneficiaries of Free Movement Rules

The ECJ broadened applicability of free movement rules to most people.
These include pre and post employment status, vocational training, and those who job lost or retired.
The scope was expanded to include more broader categories.

Relaxation of Economic Nature of Free Movement

Post 1990 directives expanded the scope to right of residence to those not related to employment.
This includes retirees, students, and others in non-employee status.

The (Definitive) End of Economic Nature: EU Citizenship

The Maastricht Treaty introduced EU citizenship, signifying movement from the economic approach to a person's status.
Citizenship is based on the nationality of the Member State in question, and these rights are separate from economic activity.
The generalized right to freedom of movement and residence for citizens is recognized.
This right, however, still has some limitations, outlined later in the course.

Content of the Fundamental Freedoms

The rights conferred by EU citizenship is extensive, including freedom of movement, right to vote, consular protection, right to petition, and the right to apply to EU Institutions.

Freedom of Movement and of Residence

This freedom allows citizens to move and reside in any member state, with some limitations based on health, safety, and public order concerns.

Right to Reside in Member State for Short Period

Only nationality is the relevant factor.

Right to Reside in Member State for Medium Term

Economic resources, health insurance, are factors determining that the length of stay is legitimate.
Family reunification are acceptable grounds for medium term stay.

Right to Permanently Reside in Member State

The right to residency becomes permanent after five years if criteria are met, and certain periods of absence are permitted according to specific grounds.

Legal Regime of Family Members

Family members of EU citizens have the right to reside with them in another EU member state for all types of family status.
The partner, descendants, and dependents, are all considered for this unification.

Limits of the Free Movement

Member States may impose restrictions due to issues of public order, public safety, or public health.
Standards, judicial review, and the necessity criteria are vital aspects of this principle.

Other Rights Conferred by EU Citizenship

EU citizens have the right to vote and stand in local elections and EU parliament.
Right to diplomatic and consular protection are in place as well.

The Notion of Service

Activities that are not governed by provisions on the free movement of goods, capital, or persons.
Service activities are usually paid, have some subordination, have a cross-border element.

Summary of Freedoms

Employees, self-employed individuals, or providers of services all have elements that are similar yet have their own particular differences that cause complexities.

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Description

Test your knowledge on the specific articles of the Treaty on the Functioning of the European Union (TFEU) and the implications for EU citizenship. This quiz covers essential provisions, exceptions, and rights related to goods, trade, and movement within the EU. Ideal for students and professionals alike!