PART II INTERNAL MARKET AND FREEDOMS OF MOVEMENT

PART II – INTERNAL MARKET AND FREEDOMS OF MOVEMENT CH. 2 – LEGAL SOURCES ON THE INTERNAL MARKET IN THETEU AND IN THETFEU • TEU and TFEU: see most relevant provisions • Art. 26 TFEU ü Two views on the scope of free movement: Maduro vs Jacobs ü Maduro: approach based on the discriminatory element (closer to MS’ prerogatives) ü Jacobs: market access approach (more neo-liberal) • Internal market grounded in the notion of customs union ü Art. 28 and 29 TFEU (mutual trust)

PART II – INTERNAL MARKET AND FREEDOMS OF MOVEMENT CH. 3– HARMONIZATION OF LAWS ANDEU COMPETENCE TO LEGISLATE • Art. 114 TFEU ü Crucial legal basis for adopting EU legislation aimed at harmonizing different MS’ laws ü No unanimity • Tobacco Directive case ü Privileged sedes materiae to detect rationale and limits of harmonization ü Factual background and directive’s internal market purpose (non discrimination) ü Objections to the directive: marginal distortions of competition/minimal intra. State level/disguised health measure (Art. 168. 5 TFEU) ü CJEU on the scope of Art. 114: only appreciable distortions of competition/not possible to harmonize primarily MS’s legislations in the field of healthcare but possible to integrate public health considerations into harmonizing measures (see Art. 114. 3 -5 TFEU) • Tobacco Advertising II case ü Only radio and printed media in the new directive: some criticism remains due to minimal intrastate effects of many radio transmissions ü The Court found the new directive valid

CONTINUED • Preemption + progressive integration of non trade concerns • Preemption: without an EU act it will be likely that MS would adopt different laws on the product, thus creating obstacles to trade ü Vodafone on a EU regulation setting a maximum on mobile phone roaming charges ü Non trade concerns: consumer protection • Seal Products on a EU regulation prohibiting the import of seal products into the EU ü Internal market purposes (some countries yes, some others not) or environmental/animal welfare considerations? • Different types and techniques of regulation and harmonization ü Old approach: very detailed harmonization based on common standards + mutual recognition of inspections ü New approach: less detailed and technical legislative dimension, i. e. , broad rules for broad groups of products