EU Internal Market Law

Abstract

The functioning of the internal market is an indispensable element of the European integration. It is at the core of supranational cooperation in Europe, affecting other policies of the EU and its connections with third countries and international organisations. The teaching material focuses on familiarizing students with the regulation and functioning of the internal market of the European Union, paying close attention to the relevant case-law of the Court of Justice of the EU, aiming to ensure a practice-oriented approach. The teaching material first of all looks at the general characteristics of economic and monetary integration in the European Union, explaining why it is at the core of integration. It then provides a theoretical background of integration, enumerating the various steps of economic cooperation and integration between states. The relevant goals and legislative competences of the European Union are discussed in the following chapter, to provide information on what the Union is empowered to do for the realisation of the internal market. This is followed by an analysis of the free movement of goods – this fundamental freedom receives the most detailed discussion as the Court of Justice has developed various principles and approaches in its pertaining jurisprudence which were later also found to be relevant regarding the other economic freedoms. The Common Commercial Policy of the EU is introduced next, as it is based on the Common Customs Tariff. The free movement of persons is discussed first in general, and then differentiated into the free movement of workers and the freedom of establishment. The free movement of services and of capital and payments are also analysed as indispensable elements of the internal market. The recognition of professional qualifications also deserves attention as it is quite relevant for the pursuit of an occupation (whether in the form of temporary services or establishment) in another EU Member State. The teaching material concludes with a bibliography and a list of analysed cases.