Post on 04-Jan-2016
transcript
by Marlena, Rado & Elsa
I. THE BENEFITS OF THE SINGLE MARKET
Free Movement of Capital
Free Movement of Goods
Free Movement of Services
Free Movement of Labour
Greater Competitiveness
II. FREE MOVEMENT OF CAPITAL
1. Definition
People Companies
-Opening Bank Accounts
- Buying Shares
- Investing abroad
- Purchasing Real Estate
- Invest in enterprises abroad
- Merge with foreign enterprises
2. Establishment of free movement of capital
1988 – Directive 88/361/EEC
1993 – Maastricht Treaty
Directly effective for member states
3. Exceptions
Taxation
Public Policy
Money Laundering
Financial Sanctions
(Agreed under the Common Foreign and Security Policy CFSP)
4.Control
European Commission
MonitoringRemoval of remaining
restrictions
5. Infringement Cases
Denmark – Copenhagen Airports
Spain – Energy Sector
III. FREE MOVEMENT OF SERVICES
1. Services in the Internal Market
Directive Proposal 13-01-04
Suppresses obstacles against freedom of establishment for service providers and free movement of services between member states by giving both providers and recipients of services the necessary legal certainty to exercise these fundamental rights
2. Workers
Directive 2005/36/CE to recognition of professional qualified:
- Make easy to get the recognition - Necessary cooperation between member states
Directive 96/71/CE
- Prevent abuses and exploitation - Try to identify work conditions- Make easy free workers movement
Moved Worker
3. Transports
White Book – European Transports Policy
Objective: 2010 60 steps to make a system to balance transport means, to revitalize values railway, to promote maritime and river transport and to control the air traffic growth
European Sky
4. Post Service
Directive 97/67/CEDirective 2002/39/CEObjective: to guarantee an universal post service Steps: to harmonize post services to look for a common tariff to offer similar service between all the users Common evolution with environment and users necessity
5. Energy
Gas Directive
Electricity Directive
Objective: to create a common market of energy that guarantees the competition in EU market and that ensures energy supplying
Instruments
Green Book
White Book
IV. COMMUNITY COMPETITION
(Rules in The Field of Competition)
The interdiction of settling certain agreements between enterprises – art. 81 par.1 ECT
1. Agreements
2. Decisions by associations
3. Concerted practices
Effects
1. Rule No 1
2. Forbidden agreements
- Prices- Controlling production- Sharing markets- Dissimilar conditions - Supplementary
Obligations
3. Derogations from the first rule
Art. 81, par. 3 ECT
Conditions
1. Production improvement
2. Users Interests
3. No disproportional restrictions
4. No Competition elimination
The abuse of dominant position is forbidden – art. 82 ECT
!! There are no exceptions form this rule!!
4. Rule No 2
Granting the state benefits is forbidden because it distorts the competition between member states art. 87 par. 1 ECT
5. Rule No 3
6. Derogations from the third rule
Benefits which are compatible with the common market
1. Social state benefits
2. Emergency state benefits
3. Aids for federal republic of Germany (FRG)
7. Aids that may be compatible with the common marketRegional Aids
Aids for European Projects
Cultural Aids
Others
CONCLUSION