by marlena, rado & elsa. i. the benefits of the single market free movement of capital free...

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