The Impact of Union Citizenship on the EU's Market Freedoms

by Alina Tryfonidou

Overview

The book's aim is to consider the impact that the introduction and development of the status of Union citizenship has had on the interpretation of the EU's market freedoms. Starting by providing, in its introductory part (part one), a comprehensive and up-to-date analysis of the status of Union citizenship and its development from 1998 onwards, the book proceeds in part two to provide an in-depth examination of the relationship between this status and the Union's market freedoms. The central argument of the book is that, as a result of the move towards the creation of a meaningful status of Union citizenship, the market freedoms have been reconceptualised as fundamental, Union citizenship, rights and their interpretation has adapted accordingly.
Part three of the book analyses the result of this process of transforming the market freedoms into sources of fundamental, Union citizenship, rights and considers where it is likely to lead in the future. It demonstrates that, despite the fact that this development appears to be the next natural step in the process of constructing a meaningful notion of Union citizenship, it brings with it a number of issues that the EU will have to consider and carefully address. In particular, the method which the Court seems, up until now, to have employed to facilitate the metamorphosis of the market freedoms into citizenship rights, has led to criticisms on the grounds of legitimacy and coherence and will, undoubtedly, lead to further problems in the future. Hence part three of the book also identifies the difficulties that may emerge as a result of this process and suggests ways in which they may be overcome.

Product Details

ISBN-13:	9781509922079
Publisher:	Bloomsbury Academic
Publication date:	05/31/2018
Series:	Modern Studies in European Law
Pages:	288
Product dimensions:	6.14(w) x 9.21(h) x 0.60(d)

About the Author

Alina Tryfonidou is Associate Professor in EU Law at the University of Reading.

Table of Contents

Acknowledgements v

List of Abbreviations xi

Table of Cases (numerical) xiii

Table of Secondary Legislation xxiii

Part I Introductory Chapters

1 Introduction 3

I Setting the Background 3

II Aim of the Book 11

III Terminology 13

IV Structure of the Book 18

V A Taxonomy of Rights for the Market Freedoms 21

2 Taking Stock of Union Citizenship 23

I Introduction 23

II The Current Legal Regime 23

III The Infancy Phase (1993-97) 25

IV The Growth Phase (1998-2005) 27

A The Right to Non-Discrimination on Grounds of Nationality 30

B The Right to Free Movement 35

C The Right of Residence 36

D Comments 41

V Turbulent (Early) Adolescence (2006-09) 43

VI Coming of Age: Towards a Meaningful Status of Union Citizenship? (2010-Onwards) 48

VII Conclusion 57

Part II The Impact of Union Citizenship on the EU's Market Freedoms

3 Union Citizenship and the Personal Market Freedoms 61

I Introduction 61

II The Personal Market Freedoms: A Sketch of the Current Legal Framework 62

III The Personal Market Freedoms as Sources of Instrumental Freedoms and Rights: The Pre-Maastricht Approach to their Interpretation 64

A Personal Market Freedoms: From Instrumental Freedoms to Instrumental Rights 66

B The Pre-Maastricht Interpretation of the Personal Market Freedoms 73

IV The Court's Post-Maastricht Case-Law: (Re-)Reading the Personal Market Freedoms in the Light of Union Citizenship 79

A The Court's Explicit Recognition of the Need to (Re-)Read the Personal Market Freedoms in the Light of Union Citizenship 80

B Scope Ratione Personae 82

C Scope Ratione Materiae 86

i The Addition of a Second Primary Right in the Material Scope of the More Stationary Personal Market Freedoms 88

ii Dispensing with the Requirement of Cross-Border Specificity 91

D The Reconceptualisation of the Personal Market Freedoms as (Also) Sources of Fundamental Economic Rights for the Union Citizen 109

V Conclusion 116

4 Union Citizenship and the Free Movement of Goods 118

I Introduction 118

II The Traditional Interpretation of the Free Movement of Goods Provisions 119

A The Court's Traditional Approach to the Personal Scope of Article 34 TFEU 121

B The Court's Traditional Approach to 'Restrictions' Caught by Article 34 TFEU: Dassonville, Cassis, and Keck, and the Requirement of Cross-Border Specificity 124

III The Court's Stance on the Question of Whether the Free Movement of Goods Provisions are Sources of (Fundamental) Rights for Individuals 132

IV Some Signs in the Court's Case-Law that the Free Movement of Goods Provisions may now be the Source of Individual Rights for Persons 134

A The Rights of Consumers Under Article 34 TFEU 135

B The Right of Persons to Move to Another Member State for the Purpose of Selling Goods 140

C The Fundamental Right to Trade Goods in a Cross-Border Context Without Being Restricted by Unjustified National Regulation 143

V Conclusion 151

Part III The Future

5 (Re-)Interpreting the Market Freedoms in the Light of Union Citizenship: Emerging Questions 155

I Introduction 155

II Can the Market Freedoms be (Re-)Interpreted in the Manner Documented in the Previous Two Chapters? 155

A Is the Expansion of the Scope of the Market Freedoms in the Manner Documented Warranted Under a Literal Interpretation of their Text? 158

B What are the Current Aims of the Market Freedoms? 162

III How should the Market Freedoms Now be Interpreted when Invoked by Union Citizens? 173

A A De Minimis Test? 177

B A Remoteness Test? 179

C The Purely Internal Rule 182

IV How should the Assessment as to Whether there is a Breach of the Market Freedoms Now be Made? 192

V Conclusion 194

6 (Re-)Interpreting the Market Freedoms in the Light of Union Citizenship: Persisting Conundrums 197

I Introduction 197

II The Persisting Distinction Between Union Citizens Who are Nationals of Member States and Union Citizens Who are Not 197

III Should there Still be a Number of Different Free Movement of Persons Provisions? 204

IV The Distinction Between Natural and Legal Persons Under the Market Freedoms 207

V Should the Personal Scope of the Personal Market Freedoms be Extended to Cover Third-Country Nationals? 212

VI (Fundamental) Human Rights vs (Fundamental) Economic Rights 219

VII Individual Rights vs Collective Rights 226

VIII Conclusion 230

Part IV Conclusion

7 Conclusions 235

Bibliography 242

Index 257

Editorial Reviews

The book provides an in-depth and up-to-date analysis of the ECJ's jurisprudence on the market freedoms and the impact of the status of the claimants (Union citizens) has had on the jurisprudence.
Journal of Contemporary European Research

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