1.
Free Movement of Goods
Part A:
Explain, with reference to appropriate case law, the meaning of quantitative restrictions and measures equivalent to quantitative restrictions (“measures having an equivalent effect”) under Arts.34 and 35 TFEU. Who do these Articles apply to and under what circumstances may a member state derogate from the appropriate provisions?
Part B:
Advise the Commission as to whether the following might be regarded as measures equivalent to quantitative restrictions. Give case examples to support your answer
i)
A government sponsored advertising campaign encouraging its citizens to purchase goods manufactured in that member state.
ii)
A failure by a government of a member state to prevent protests in that member state blockading its borders and thus inhibiting the import of goods from elsewhere in the EU.
iii)
A law in one member state requiring domestic importers of goods from other member states to have import licences.
2.
Free Movement of Persons
Advise the parties in the following hypothetical situations:
i)
A Spanish national, having arrived in Belgium four months ago, has since been looking for work (during this time he has been relying on his cousin, who lives in Brussels, for financial support). He was recently convicted of being drunk and disorderly and has now been told he is to be deported. He wishes to remain.
ii)
An Irish national, a qualified doctor and fluent French speaker, wishes to take up a post at a French military hospital but has been informed that as this counts as employment in the public service it is only open to French nationals.
iii)
A German national, having lived in the Netherlands for the past eighteen months, now wishes his wife and two school-age children to be allowed to join him.
3.
Right of Establishment / Freedom to Provide and Receive Services
Part A:
Explain how the right of establishment differs from the free movement of persons and from the freedom to provide services. In what circumstances may a member state derogate from the appropriate provisions?
Part B:
Advise the parties in the following circumstances:
i)
An Austrian psychology graduate, having recently obtained her degree at an Austrian university is now seeking to enrol on an appropriate teacher-training course in Germany as she hopes to teach psychology at a school in Frankfurt.
She has been told she is only eligible to enrol on a 2yr. part-time course (not the 1yr. full-time course she wishes to enrol on) because the full-time course is only available to German nationals who completed their first degree at a German university and that her German qualification would not allow her to teach were she to return to Austria in the future.
ii)
A Dutch national, who is a qualified veterinary surgeon, wishes to provide services in France. She speaks French but is unsure as to whether her Dutch veterinary qualifications will be acceptable in France and whether her membership many years ago of “Republican Europe”, an organisation campaigning for the removal of all remaining royal families in EU member states, might be an issue.
4.
Discuss the significance of Brexit on Parliamentary Sovereignty and the free movement of goods and people (including the right of establishment and the freedom to provide and receive services).
