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