engleski

Non-Discriminatory Measures and Fundamental Freedoms

The topic of thesis can be placed in the broad area of the four freedoms. It discusses a specific question: when do non-discriminatory national measures come within the scope of Treaty Articles on free movement? This issue is very significant because it determines how free the Member States are to regulate economic activities. Interestingly, European legislature and the European Court of Justice (ECJ) have not yet given a simple, coherent and straightforward answer in that respect. The aim of the dissertation was to provide some systematization of the present legal situation of non-discriminatory national measures. After a brief overview of the most relevant terminology, the paper first analyzes the legislative provisions and the case law in each of the four freedoms and it makes cross-references between them. A conclusion derived from this analysis is that there has been a similar development in the area of goods, services, establishment and workers, but that it has not been simultaneous. The second part of the dissertation sets out to establish whether the Court intends to form a uniform approach to non-discriminatory measures in all four freedoms. The discussion primarily takes into account the case law and the opinions of Advocates General, but also some recent contributions of legal theory, and through all these sources it notes advantages and disadvantages of having a common approach. The paper tries to determine what specific features of a uniform approach can be detected from the law as it is, and goes further to contemplate de lege ferenda and what characteristics a uniform approach should contain.

European law; four freedoms; internal market; free movement of goods; services; establishment; workers; capital

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