9. Union Citizenship

This chapter examines the concept of Union citizenship and the rights EU citizens enjoy. European citizenship allows individuals a variety of associative relations based on economic, social, cultural, scholarly, and even political activities, irrespective of the traditional territorial boundaries of the European nation states, without binding individuals to a particular nationality. In particular, this chapter examines the rights enjoyed by citizens under the Citizens’ Rights Directive 2004/38, including family rights and what rights citizens enjoy independent of being economically active.

14. Regulating the Internal Market

This chapter examines the power to harmonize (that is, the power to adopt legislative acts and the possibility to supplement them by non-legislative acts), the different approaches to harmonization adopted by the Union, and the problem of the implementation and enforcement of Union standards. By setting harmonized standards, EU law enables goods, persons, services, and capital to move freely. When viewed from this perspective, harmonization is the complement of the four freedoms. However, it remains a sensitive matter both legally and politically. It also examines the evolution of the digital internal market.

3. Non-Fiscal Measures: Quantitative Restrictions and Measures Having Equivalent Effect

This chapter examines non-fiscal barriers to trade. Three Treaty provisions are relevant: Article 34 TFEU on imports; Article 35 TFEU on exports; and Article 36 TFEU containing derogations from Articles 34–5 TFEU. The discussions cover quantitative restrictions; measures having equivalent effect including the leading case of Cassis de Dijon; distinctly and indistinctly applicable measures; the principle of mutual recognition and regulation 2019/515; the market access approach following Trailers; and Directive 2015/1535, which requires Member States to notify the Commission of any draft technical regulations before they are adopted and before they create barriers to trade, so that they can be checked for their compatibility with Union law.

11. Freedom of Establishment and Freedom to Provide Services: Legal Persons

This chapter examines the restrictions on both access to, and exercise of, freedom of establishment and freedom to provide services by legal persons (companies, branches, agencies, and subsidiaries). It also discusses the Services Directive 2006/123 which in part codifies and in part develops the Court’s approach to both freedom of establishment and free movement of services.

2. Fiscal Measures: Customs Duties and Internal Taxation

This chapter provides an overview of the rules on the free movement of goods, and how the various provisions interrelate. It discusses the scope of the Treaty provisions on goods. It then turns to examine Articles 30 and 110 TFEU. Article 30 TFEU prohibits both customs duties and charges having equivalent effect to a customs duty. Article 110 TFEU applies to discriminatory or protective charges levied internally within a state. Cases on the borderline between Articles 30 TFEU and 110 TFEU are also considered: the situation of a charge imposed on a product not produced in the Member State (the so-called exotic import); para-fiscal charges (those charges that apply to all goods but are then refunded in some form to the domestic producer); and other levies which appear to apply to all goods but are in fact targeted at the imported good.

8. Freedom for Individuals to Provide and Receive Services

Articles 56–7 TFEU lay down the principle of freedom to provide services on a temporary basis by a person established in one Member State to a recipient established in another. This chapter first considers who is entitled to benefit from the services provisions and the rights they enjoy in respect of: (1) initial access to the market; (2) the exercise of the freedom; and (3) the enjoyment of social advantages.

6. The Free Movement of Persons: Key Principles

This chapter provides an overview of the principles which apply to the free movement of all persons. In order to benefit from the free movement rules, the claimant must fall within the personal, material, and territorial scope of the Treaty provision and, in addition, must be able to rely on the Treaty provision against the particular defendant (the principle of direct effect). The chapter then discusses the scope of the Treaty prohibition. It shows that, at least in principle, refusal of entry/deportation, discriminatory measures, and non-discriminatory measures which impede market access are all prohibited by the various provisions of the Treaty.

4. Article 34 TFEU and Certain Selling Arrangements

This chapter discusses the following: market circumstances rules and Article 34 TFEU; the decision in Keck and its application to cases of ‘certain selling arrangements’; and the ramifications of this ruling, particularly in respect of those rules that did not fit the category of certain selling arrangements and those rules which were non-discriminatory but did hinder market access and the relevance of the Trailers case. The Unfair Commercial Practices Directive 2005/29 seems to have narrowed the areas to which Keck applies still further.

13. Free Movement of Capital and Economic and Monetary Union

This chapter discusses the development of free movement of capital in the EU. It covers the scope of the provision on capital; national measures that are prohibited under Article 63 TFEU; express derogations and public interest requirements. The chapter begins by examining why free movement of capital is considered an important part of any trading area before briefly examining its evolution in the EU. The chapter then analyses the detail of the Treaty provisions on capital.

12. Derogations and Justifications

This chapter examines the express powers given to the Member States by Union law to prevent or restrict migrants from enjoying in full the rights enjoyed by workers, the self-employed, providers/receivers of services, and of citizens in the host State. The express derogations laid down by the Treaty fall into two categories: general derogations (public policy, public security, and public health); and specific derogations (employment in the public service). It also examines the exceptions found in the Citizens’ Rights Directive 2004/38