Free Movement of Services - Derogations and Justifications

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  • Created by: Hope
  • Created on: 12-05-16 11:31
What are the three justifications for derogations and where do they come from?
Grounds of public policy, public security and public health, art 52
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What is the nature of this list?
The list is exhaustive, so MS can only derogate when using those three grounds
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Who has the burden of proof?
The MS, they have to prove the derogation applies and show justification for it
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How are these derogations usually interpreted by the CJ?
Quite restrictively
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Which case do you use for public policy and public security? What was the rule?
Jany- If its ok for nationals, its ok for others. Domestic authorities can only do something if the person presents an actual threat to the public order
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Which case do you use for public policy derogations against legal persons?
Omega- protection of fundamental rights (human dignity in this case) constituted a public policy derogation- public policy derogations can be used against legal entities like omega as well as individuals
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Which case do you use for public health? What was the rule?
Kohll- art 52 permits MS to restrict the freedom to provide medical and hospital services if it is essential for public health.
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Which case do you use for exercise of official authority? What doesn't count?
Reyners- lawyers, court translators, transport consultants, notaries, security guards and certification bodies all don't count
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What does mutual recognition of qualifications mean?
it is the duty of the MS to take into account qualifications and experience obtained in another MS
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which provision is this in?
art 53 TFEU (establishment)
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What are case examples of this rule?
Patrick (non-discrimination), Vlassopoulou (obligation to make comparisons)
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Which is the necessary directive?
2005/36/EC on the recognition of personal qualifications
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What provision says the scope of this directive?
Art 2
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Which section defines a regulated profession?
Art 3(1)(a)
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What is a professional qualification?
Qualifications attested by evidence of formal qualifications
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Which provision highlights the effects of the mutual recognition?
Art 4
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What is a case example of the system being abused?
Consiglio Degli Ingegneri
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Other cards in this set

Card 2

Front

What is the nature of this list?

Back

The list is exhaustive, so MS can only derogate when using those three grounds

Card 3

Front

Who has the burden of proof?

Back

Preview of the front of card 3

Card 4

Front

How are these derogations usually interpreted by the CJ?

Back

Preview of the front of card 4

Card 5

Front

Which case do you use for public policy and public security? What was the rule?

Back

Preview of the front of card 5
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