Relevant bibliographies by topics / Restriction to the free movement of services

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Restriction to the free movement of services'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Restriction to the free movement of services"

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Connor, Tim. "Goods, Persons, Services and Capital in the European Union: Jurisprudential Routes to Free Movement." German Law Journal 11, no. 2 (February 11, 2010): 159–209. http://dx.doi.org/10.1017/s2071832200018484.

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This Paper considers the jurisprudence of the Court of Justice in relation to the free movement provisions of European Community law in relation to goods, persons, services and capital within the European Union. It examines the bases used by the Court in its application of Community free movement provisions to national measures that may seek to hinder the exercise of such rights. From limited enquiry originally founded on considerations of non discrimination based on nationality, to one most recently focussed on the ‘restriction’ to the free movement right, the Paper examines the methods employed by the Court of Justice in its scrutiny of the national measure appearing to conflict with Treaty free movement rights.The examination of the applicable free movement jurisprudence attempts to demonstrate the want of a thematically consistent underpinning within free movement case law. The Paper draws attention to the complexities and even the confusions that appear to be inherent within free movement jurisprudence and arguably evidenced within the Court's journey from ‘discrimination’ to ‘restriction’ as the basis of the enquiry with regard to the application of Treaty free movement rights. In its consideration of Case C-110/05Commission v Italy, Case C-142/05Åklagaren v. Percy Mickelsson v. Joakim Roos, recent jurisprudence with respect to the free movement of goods, the Paper notes that in the context of the ‘measure having equivalent effect’, the emphasis in the assessment of the national rule has shifted to an examination of the effect on market access, rather than a distinction based on the type of rule.
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Maduro, Miguel Poiares. "Harmony and Dissonance in Free Movement." Cambridge Yearbook of European Legal Studies 4 (2001): 315–41. http://dx.doi.org/10.5235/152888712802761752.

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There is a generalised perception that the European Court of Justice has adopted different approaches to the different free movement rules included in the Treaties. In particular, the free movement of goods has ‘benefited’, until 1993, from a wider scope of application. Contrary to what has for long constituted the standard approach to the free movement of persons, the free movement of goods was constructed as requiring more than national treatment and non-discrimination in regard to goods from other Member States. Even non-discriminatory restrictions on trade in goods could constitute a violation of Community rules if not justified as necessary and proportional to the pursuit of a legitimate public interest. The freedom to provide services has somewhat occupied a middle ground between the interpretation given to the goods and persons provisions. Following the Court’s decision in Keck & Mithouard in 1993, a reversal of fortune appears to have taken place regarding the Court’s approach to the different free movement provisions, with the free movement of persons and the freedom to provide services now benefiting from a more ‘aggressive’ interpretation in comparison with the free movement of goods.
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Maduro, Miguel Poiares. "Harmony and Dissonance in Free Movement." Cambridge Yearbook of European Legal Studies 4 (2001): 315–41. http://dx.doi.org/10.1017/s1528887000004122.

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There is a generalised perception that the European Court of Justice has adopted different approaches to the different free movement rules included in the Treaties. In particular, the free movement of goods has ‘benefited’, until 1993, from a wider scope of application. Contrary to what has for long constituted the standard approach to the free movement of persons, the free movement of goods was constructed as requiring more than national treatment and non-discrimination in regard to goods from other Member States. Even non-discriminatory restrictions on trade in goods could constitute a violation of Community rules if not justified as necessary and proportional to the pursuit of a legitimate public interest. The freedom to provide services has somewhat occupied a middle ground between the interpretation given to the goods and persons provisions. Following the Court’s decision in Keck & Mithouard in 1993, a reversal of fortune appears to have taken place regarding the Court’s approach to the different free movement provisions, with the free movement of persons and the freedom to provide services now benefiting from a more ‘aggressive’ interpretation in comparison with the free movement of goods.
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Connor, Tim. "“Market Access” or Bust? Positioning the Principle within the Jurisprudence of Goods, Persons, Services, and Capital." German Law Journal 13, no. 6 (June 2012): 679–755. http://dx.doi.org/10.1017/s207183220002071x.

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The Treaty on the Functioning of the European Union (TFEU) provides with respect to the free movement of goods that “[q]uantitative restrictions on imports and all measures having equivalent effect shall be prohibited.” In contrast, the TFEU provides that, with respect to the free movement of persons, services, and capital, restrictions at the national level on such rights are similarly unlawful.
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van Meerten, Hans, and Elmar Schmidt. "Compulsory membership of pension schemes and the free movement of services in the EU." European Journal of Social Security 19, no. 2 (June 2017): 118–40. http://dx.doi.org/10.1177/1388262717713414.

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Mandatory pension participation in the Netherlands is currently under review. This article examines the manner in which the system of mandatory participation in sectoral pension funds is presently organised as well as future proposals from the perspective of the freedom to provide services. It also briefly reviews mandatory participation in Belgium, Denmark, Germany, France and Sweden and asks whether it constitutes a barrier to the freedom enshrined in Article 56 TFEU. Restrictions of this freedom in the field of mandatory participation are too easily excused in the Netherlands by pointing to decisions by the European Court of Justice (ECJ) in which it judged the system to be permissible. These decisions, however, were made from the perspective of competition law, and not on the basis of Article 56 TFEU. Grounds for justifying restrictions to this freedom exist, although different justifications are available for direct and indirect discrimination. The article questions how mandatory participation in the Member States considered in this article fare from this perspective?
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Doukas, Dimitrios. "Untying the Market Access Knot: Advertising Restrictions and the Free Movement of Goods and Services." Cambridge Yearbook of European Legal Studies 9 (2007): 177–215. http://dx.doi.org/10.5235/152888712802746894.

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More than a dozen years since the Keck judgment, its effect of breaking the dogmatic convergence between the free movement of goods and that of services, already established in the case law of the ECJ by the early 1990s, cannot be underestimated. As is well known, this convergence primarily relied on such a broad interpretation of the scope of Articles 28 and 49 EC as to include any obstacles to intra-Community trade arising from measures applying beyond discrimination unless justified. The basic divergence introduced by Keck into the Court’s approach to the free movement provisions on goods and services can best be illustrated by the case law reviewing measures relating to advertising and other marketing methods. This paper will draw on a broad definition of advertising, which will include any commercial communication, ie any form of communication designed to promote, directly or indirectly, the goods, services or image of a company, organisation or person exercising a commercial, industrial or other professional activity.
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Doukas, Dimitrios. "Untying the Market Access Knot: Advertising Restrictions and the Free Movement of Goods and Services." Cambridge Yearbook of European Legal Studies 9 (2007): 177–215. http://dx.doi.org/10.1017/s1528887000002792.

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More than a dozen years since the Keck judgment, its effect of breaking the dogmatic convergence between the free movement of goods and that of services, already established in the case law of the ECJ by the early 1990s, cannot be underestimated. As is well known, this convergence primarily relied on such a broad interpretation of the scope of Articles 28 and 49 EC as to include any obstacles to intra-Community trade arising from measures applying beyond discrimination unless justified. The basic divergence introduced by Keck into the Court’s approach to the free movement provisions on goods and services can best be illustrated by the case law reviewing measures relating to advertising and other marketing methods. This paper will draw on a broad definition of advertising, which will include any commercial communication, ie any form of communication designed to promote, directly or indirectly, the goods, services or image of a company, organisation or person exercising a commercial, industrial or other professional activity.
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Botlíková, Milena, Josef Botlík, and Jana Stuchlíková. "Impacts of the global pandemic on the aviation industry of the European Union." SHS Web of Conferences 92 (2021): 01005. http://dx.doi.org/10.1051/shsconf/20219201005.

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Research background: With the onset of the Covid-19 pandemic, there has been a complete collapse in demand in global markets due to restrictions on movement and market paralysis. Among the sectors most significantly affected is tourism, which is predominantly dependent on the movement of clients. The performance of the tourism industry fell to a minimum during the pandemic. Restaurants and accommodation facilities were closed almost overnight by government intervention. The restriction of free movement has also forced airlines to curb their activities. These companies can be considered as an important globalization element, enabling travel to distant destinations. Purpose of the article: The article deals with the effects of the pandemic on European Union airlines, as well as the tools adopted to restore air traffic. Based on the analysis, the development of transport flows in air transport before and during the pandemic was evaluated. Furthermore, tools and measures taken to stimulate air services were analyzed and models of possible impacts on the EU aviation industry and selected economic factors were predicted. Methods: Basic mathematical and statistical methods, correlation analysis, comparisons and predictions were used for the analysis. Findings & Value added: The situation brings problems associated with redundancies, i.e. rising unemployment, declining GDP, falling stock markets or airline bankruptcies as in the case of the British Flybe. Based on 2019 data, it can be estimated that in the period March-June 2020, the demand for EU27 passenger air transport decreased by approximately 100 million passengers.
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Bernier, Ivan. "Le concept d'union économique dans la Constitution canadienne : de l'intégration commerciale à l'intégration des facteurs de production." Fédéralisme, partage des compétences 20, no. 1-2 (April 12, 2005): 177–228. http://dx.doi.org/10.7202/042313ar.

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The object of this paper is to assess the constitutional position as to economic integration within Canada. Following a short review of'the basic elements of economic integration, it proceeds to analyse the law and practice relating to the free circulation of goods, and the free movement of persons, services and capital in Canada. Since such questions are usually associated with the concept of common market, a brief comparison is made on these various points with the practice of the European Economic Community. As far as concerns the free circulation of goods, the study starts with the usual distinction between tariff and non-tariff barriers. If customs duties have long since disappeared between the provinces, the author finds that charges having an effect equivalent to customs duties are not totally precluded under Canadian constitutional law, and as a matter of fact are occasionally encountered in practice. The paper also shows that if non-tariff barriers to interprovincial trade are theoretically precluded under s. 91(2) of the B.N.A. Act, certain types of obstacles not only appear constitutionally acceptable, but also are largely used by governments in practice, such as preferential purchasing policies, subsidies, public enterprises, etc. In the end, when our constitutional rules pertaining to the free circulation of goods are compared with those in application within the European Economic Community, they appear less stringent, leaving greater room for intervention to the provinces. The situation, as far as concerns the free movement of persons, services and capital is quite different. As the study finds, there are no clearly articulated principles relating to these questions in the Canadian constitution. However, due to the existence of a common nationality and a common currency, the most serious difficulties in this respect have been avoided. From that point of view, Canada has benefited from a clear advantage over the European Economic Community. Yet, regarding the free movement of persons and services, the paper shows that whereas no progress appears to have been made on that score within the last decade in Canada, the E.E.C. is pushing forward with plans calling for the common recognition of diplomas, etc. And regarding the free movement of capital, it appears that if the E.E.C has not progressed much since the first years of the Treaty of Rome, Canada for its part appears at the moment to be heading for a period of greater restriction on the movement of capital within the country. In conclusion, the question is raised whether the material division of jurisdiction between the federal and provincial governments, as opposed to a functional division of jurisdiction as is to be found in the E.E.C, is not responsible for the centripetal kind of federalism that appears more and more in demand in Canada as far as concerns economic matters. Acting unilaterally on the basis of its exclusive powers, the federal government has adopted so-called common policies that appear to have met with a large measure of disapproval from the various provinces. But this is a different problem that requires a separate treatment.
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Novicic, Zaklina. "Freedom of movement for persons in the European Union Law." Medjunarodni problemi 55, no. 1 (2003): 57–88. http://dx.doi.org/10.2298/medjp0301057n.

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In this article the author analyses the evolution of complex corpus of legislation concerning the freedom of movement for persons in European Union Law. The article deals with the subject in two aspects: the first part of the analysis considers the conceptual development of free movement of persons by way of deliberation of building-up the authority of Union in that area, and the second part analyses the contents of the right of the Union citizens to move and reside freely within the territory of the Member State. The freedom of movement for people includes the right of Union citizens to enter, move and reside in another Member State and, in that context prohibition of any discrimination based on nationality. Conceived originally as primarily an economic phenomenon, the free movement of persons was closely linked to the pursuit of an occupation. It was the mobility of human resources as a factor of production, which inspired the chapters of the Treaty establishing the European Economic Community (1957) relating to the free movement of workers, freedom of establishment and the freedom to provide services. In that sense, freedom of movement is a part of a wider concept, that of the common/internal market. Since then, through the combined effect of secondary legislation and the case law of the Court of Justice, the concept has been broadened and it tends, from the Maastricht Treaty (1992), to form one of the fundamental and individual rights of Union citizens generally. Also, the amendments of EEC Treaty, which were made by the Single European Act (1985) and specially by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001), have formalised the external aspect of freedom of movement. Namely, it was recognised that freedom of movement for persons could not take place at the expense of security, protection against crime and illegal immigration. The abolition of internal controls has generated the need of the transferring checks to the external frontiers of the Union and, in this connection, the gradual establishment of an area of freedom, security and justice. In the first part of the article the author presents and analyses the development of the Union power in the policies of freedom of movement: in facilitating of free movement of people as a principle of the common/internal/single market, in achievement of the right to free movement for Union citizens, and also in the fields related to the external aspect of freedom of movement, or, actually, the issues pertaining to visas, asylum and immigration. The second part presents the specific contents of freedom of movement for persons that consists of the corpus of individual rights enjoyed by Union citizens on the territories of EU Member States that are not countries of their origin. These are the right to entry and residence and the right to engagement in gainful activity as well as the related social rights. This part of the article also explores the freedom of movement restriction regime as well as the corresponding Union legislation in preparation.
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Dissertations / Theses on the topic "Restriction to the free movement of services"

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Connor, Timothy C. "Free movement of goods, persons, services and capital within the European Union. Jurisprudential Adjudications by the Court of Justice." Thesis, University of Bradford, 2013. http://hdl.handle.net/10454/6338.

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The published work which forms the basis of this submission by the applicant for the Degree of Doctor of Philosophy represents an extensive research which has extended the boundaries of knowledge and understanding in relation to the jurisprudential adjudications by the Court of Justice concerning the application of the TFEU freedoms of goods, persons, services and capital to national measures. The publications maintain thematic analytical focus on the jurisprudential employment of the EU principles of non discrimination, market access and the rule relating to the ¿selling arrangement¿ that are used as the modus operandi in the acquisition of Treaty free movement rights. The thread is law making; the published work evidences inconsistencies, complexities and confusions in the application by the Court of Justice of the modus operandi used to ensure acquisition of Treaty free movement rights. The research depicts a goods, persons, services and capital jurisprudence which displays a want of thematically consistent underpinning and some doctrinal diversity. It is the purpose of this Submission to exhibit the cohesiveness of the published work under review in the context of the contribution made to the knowledge and understanding of the jurisprudence of goods, persons, services and capital in European Union law.
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Connor, Timothy Charles. "Free movement of goods, persons, services and capital within the European Union : jurisprudential adjudications by the Court of Justice." Thesis, University of Bradford, 2013. http://hdl.handle.net/10454/6338.

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The published work which forms the basis of this submission by the applicant for the Degree of Doctor of Philosophy represents an extensive research which has extended the boundaries of knowledge and understanding in relation to the jurisprudential adjudications by the Court of Justice concerning the application of the TFEU freedoms of goods, persons, services and capital to national measures. The publications maintain thematic analytical focus on the jurisprudential employment of the EU principles of non discrimination, market access and the rule relating to the 'selling arrangement' that are used as the modus operandi in the acquisition of Treaty free movement rights. The thread is law making; the published work evidences inconsistencies, complexities and confusions in the application by the Court of Justice of the modus operandi used to ensure acquisition of Treaty free movement rights. The research depicts a goods, persons, services and capital jurisprudence which displays a want of thematically consistent underpinning and some doctrinal diversity. It is the purpose of this Submission to exhibit the cohesiveness of the published work under review in the context of the contribution made to the knowledge and understanding of the jurisprudence of goods, persons, services and capital in European Union law.
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Snell, Jukka Johannes. "The relationship between free movement of goods and services in EC law." Thesis, King's College London (University of London), 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.392916.

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Lund, Lasse. "Public Health and Public Security versus Free Movement of Persons : Restriction on Cross-border Traffic at the Internal Borders of the EU." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-87726.

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Beltran, Daniela, and Sardor Djurabaev. "Influence of free labour and services movement in integration of EU : Swedish trade unions and business society views." Thesis, Linköping University, Department of Management and Economics, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-5910.

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The expansion of European union has posed vital changes in the European community as countries have erased their borders for their eastern neighbours and actively involved themselves in mutual business activity. Free movement of labour and service has taken place,and though some Western countries have posed obstacles for the further integration, the trend is currently occurring. In this paper we will try to take a closer look at the labour and service

movement in Sweden and cover different views from different parties – EU, Swedish tradeunions, business companies that would share their perspectives on the issue.

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Choppala, Sheela M. "Seattle's late 1960's free clinic movement : exploration of social activism as a change strategy for health care and the ways in which individuals engaged in activism /." Thesis, Connect to this title online; UW restricted, 2004. http://hdl.handle.net/1773/7370.

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Mubiru, Edna Katushabe. "Liberalisation of trade in services :enhancing the temporary movement of natural persons (mode 4), a least developed countries' perspective." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6826_1297424432.

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The purpose of this research is to examine the impact of liberalisation of trade in services on African LDCs by highlighting the importance of services trade through Mode 4 (temporary movement of natural persons).37 The paper will examine the nature of liberalisation to this Mode under the existing GATS framework, critically analyse the constraints on engaging in negotiations, specifically the national barriers that are hindering this movement, and make suggestions on ways of improving the nature of commitments on movement of natural persons in terms of Mode 4 to favour LDCs as laid down in Article VI of the GATS.

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Kulikauskienė, Renata. "Europos Sąjungos laisvo paslaugų teikimo direktyva ir jos įgyvendinimas." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2008. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20080626_132855-03732.

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Magistriniame darbe aptariami laisvo paslaugų judėjimo iššūkiai Europos Sąjungos Bendrojoje rinkoje, susiejant juos su laisvo paslaugų judėjimo direktyva bei jos įgyvendinimu. Visose Europos Sąjungos valstybėse narėse paslaugų sektorius ir jo administravimas yra reikšmingas – sudaro 60-70 proc. veiklos. Siekiant sukurti tolydžią bei konkurencingą rinką, laisvas paslaugų judėjimas yra ne mažiau svarbus nei laisvas asmenų, kapitalo ar prekių judėjimas. Kartu paėmus ir pilnai įgyvendinus, šios keturios laisvės sudaro vieningos rinkos pagrindą. Laisvą paslaugų judėjimą siekiama užtikrinti panaikinant šiam judėjimui kylančias kliūtis. Tačiau tų kliūčių šalinimas nėra lengvai įgyvendinamas dėl valstybių narių siekio apsaugoti savasias rinkas. 2004 m. Europos Komisija pateikė Paslaugų direktyvos projektą, kuriuo buvo siekiama panaikinti administracines kliūtis, kylančias paslaugų teikėjams, norintiems teikti paslaugas kitoje valstybėje narėje. Šiame projekte numatytas šalies kilmės principo taikymas, kuriuo remdamiesi paslaugų teikėjai kitoje valstybėje narėje paslaugas gali teikti vadovaudamiesi savo šalyje galiojančių teisės aktų nuostatomis. Pasiūlytame direktyvos projekte šalies kilmės principas, “vieno langelio” principu veikianti kontaktinė institucija susilaukė daug diskusijų ir vertinimų tarp šalių narių ir jų atstovų Europos Parlamente. Direktyvos oponentai teigė bijantys atviros rinkos pigiai darbo jėgai ir nekokybiškoms paslaugoms. Po ilgai trukusių diskusijų 2006 m... [toliau žr. visą tekstą]
This master‘s theses discuss the idea of free service movement challenges in the common market of European Union, linking them with the directive of free service movement and its implementation. Service sector and its administration in all states of European Union is very significant and it makes 60-70% of activity. Trying to achieve gradual and competative market, free service movement is not less important than free movement of persons, capital and goods. Taking all them together and implementing, these four subjects form united basis of market. Free service movement is warranted by eliminating arising obstacles for it. However the elimination of obstacles can not be easily implemented because state members are trying to protect their markets. In 2004 European Committee represented the project of Service directive, with the help of this project administrative obstacles were tried to be eliminated for people who want to give service in the other member state. This project includes application of country origin‘s principle, according to it service provider can suggest services in another country, following the law acts obtained in his country. In the suggested directive project country origin‘s principle, „one window“ principle in acting contact institution received a lot of discussions and evaluations among members and their representatives in Europarliament . The opponents of directive afirmed that they were afraid of open market for cheap manpower and nonqualitative... [to full text]
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N'Thepe-Caubet, Stéphane-Laure. "Les activités de services économiques dans l’union européenne : recherche sur les apports de la directive 2006/123/CE du 12 décembre 2006 relative aux services dans le marché intérieur." Thesis, Paris 13, 2013. http://www.theses.fr/2013PA131015.

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L’élaboration mais aussi le développement du marché unique a favorisé les échanges sur la base du commerce international, marqué depuis plusieurs années par la tertiarisation de l’activité économique. De ce fait, le secteur d’activité le plus dynamique de ces deux dernières décennies est celui des services, ce qui se matérialise sur le plan international par l’adoption de l’AGCS et au sein de l’Union, par l’élaboration et la mise en place de la directive « services ». La directive 2006/123/CE a de particulier la mobilisation sans égal qu’elle a provoqué. La matière est sensible car elle touche un large panel de domaine. La directive « services » constitue l’amorce d’un changement structurel profond, en ce sens qu’une approche purement économique de la question serait incomplète sans la prise en considération du facteur humain et que le texte est le dernier apport majeur sur la question
The development of the single market has promoted the exchanges based on the international trade principles, which has been impacted for many years by the raise of the importance of the service sector in the economy. Therefore, the most dynamic sector of the past two decades is the service sector, which has been materialized internationally through the adoption of the GATS and in the European union through the development and the implementation of the directive on the "services". The directive EC /2006/123 has particularly mobilized as the subject is sensitive and affects a wide range of field. The Services Directive represents the beginning of a deep structural change as a purely economical approach to the issue would not be complete without the consideration of the human factor and because the text represents the last major contribution on the subject
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Young, Allison Marie. "Liberalization and regulation of the movement of service suppliers, comparing the provisions for labour mobility in the General Agreement on Trade Services, the North American Free Trade Agreement, and the European Union." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/NQ66674.pdf.

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Books on the topic "Restriction to the free movement of services"

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Free movement of goods and services within the European Community. Aldershot, Hants, England: Ashgate, 2004.

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Westerhof, Jan Gerrit. A comparison of the free movement of services and the free movement of goods: Towards a single approach. [Stockholm]: Institutet för Europeisk rätt vid Stockholms Universitet, 1998.

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Newman, Troy. Abortion free: Your manual for building a pro-life America one community at a time. Washington, D.C: WND Books, 2014.

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Cremers, Jan, and Peter Donders. La libre circulation des travailleurs dans l'UE: Directive 96/71/CE sur le détachement de travailleurs effectué dans le cadre d'une prestation de services : transposition, application pratique, et fonctionnement. Bruxelles: CLR/Reed Business Information, 2005.

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1957-, Andenæs Mads Tønnesson, and Roth Wulf-Henning, eds. Services and free movement in EU law. Oxford: Oxford University Press, 2002.

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Services and Free Movement in EU Law. Oxford University Press, USA, 2003.

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Craig, Paul, and Gráinne de Búrca. 19. Free Movement of Goods:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0019.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter considers Articles 34-37 of the Treaty on the Functioning of the European Union (TFEU). Article 34 is the central provision and states that: ‘quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’. Article 35 contains similar provisions relating to exports, while Article 36 provides an exception for certain cases in which a state is allowed to place restrictions on the movement of goods. The European Court of Justice’s interpretation of Articles 34-37 has been important in achieving single market integration. It has given a broad interpretation to the phrase ‘measures having equivalent effect’ to a quantitative restriction (MEQR), and has construed the idea of discrimination broadly to capture both direct and indirect discrimination.
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Homewood, Matthew J. 6. Free movement of persons. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815181.003.0006.

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This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.
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Workers, Establishment, and Services in the European Union (Oxford European Community Law Library). Oxford University Press, USA, 2004.

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Guide to the case law of the European Court of Justice on Articles 59 et seq. EC Treaty: Free movement of services. Luxembourg: Office of Official Publications of the European Communities, 1997.

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Book chapters on the topic "Restriction to the free movement of services"

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Enchelmaier, Stefan. "Restrictions on the Use of Goods and Services." In The Reach of Free Movement, 85–108. The Hague: T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-195-1_4.

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Tryfonidou, Alina. "Free Movement of Persons Through the Lenses of ‘Discrimination’ and ‘Restriction’." In The Reach of Free Movement, 57–83. The Hague: T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-195-1_3.

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Renard, Susanne St Clair. "How Free Is the Free Movement of Services?" In How Unified Is the European Union?, 61–77. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-540-95855-0_5.

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Moens, Gabriël, and John Trone. "Free Movement of Persons and Services." In Commercial Law of the European Union, 73–130. Dordrecht: Springer Netherlands, 2010. http://dx.doi.org/10.1007/978-90-481-8774-4_3.

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Tryfonidou, Alina. "Free Movement of Workers and Union Citizens." In Social Services of General Interest in the EU, 161–83. The Hague, The Netherlands: T. M. C. Asser Press, 2012. http://dx.doi.org/10.1007/978-90-6704-876-7_7.

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Ukaigwe, Jerry. "Right of Establishment (Services) and Free Movement of Capital." In ECOWAS Law, 285–99. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-26233-8_11.

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Wiberg, Maria. "Background to the Harmonisation of the Free Movement of Services." In The EU Services Directive: Law or Simply Policy?, 19–31. The Hague: T.M.C. Asser Press, 2014. http://dx.doi.org/10.1007/978-94-6265-023-7_2.

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Fløistad, Karin. "The Provision of Healthcare Services: Free Movement Rights for Patients." In Studies in European Economic Law and Regulation, 41–57. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-95043-3_3.

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Fløistad, Karin. "The Provision of Educational Services: Free Movement Rights for Students." In Studies in European Economic Law and Regulation, 59–81. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-95043-3_4.

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Neergaard, Ulla. "The Concept of SSGI and the Asymmetries Between Free Movement and Competition Law." In Social Services of General Interest in the EU, 205–44. The Hague, The Netherlands: T. M. C. Asser Press, 2012. http://dx.doi.org/10.1007/978-90-6704-876-7_9.

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Conference papers on the topic "Restriction to the free movement of services"

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Savina, Ol’ga, and Ol’ga Smirnova. "Identification of psychological safety risks for schoolchildren when conversion to distance learning in the context of the COVID-19 pandemic." In Safety psychology and psychological safety: problems of interaction between theorists and practitioners. «Publishing company «World of science», LLC, 2020. http://dx.doi.org/10.15862/53mnnpk20-13.

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The problem is to identify and track stress factors in connection with the pandemic situation, awareness of possible dangers, and awareness of adolescents about self-defense measures against possible infection. The purpose of the study is to identify and analyze risk factors for the safety of the educational environment in the situation of the COVID - 19. The research methodology: two stages of monitoring the safety risk factors of the school educational environment during the transition and adaptation to distance learning conditions: 1) Express survey (aimed at identifying associations and visual images of the coronavirus situation, assessing anxiety and anxiety and risk factors, self-prevention measures in a pandemic situation);2) online survey. The study involved 76 students in grades 5 and 6 of the Moscow School No. 1505 (34%m., 66% f.). Results. The most significant risks for experiencing psychological well-being in younger adolescents during self-isolation and distant education were the lack of real communication with friends, teachers, restriction in favorite activities, difficulties with self-organization, lack of free time, eye fatigue, restricted movement, difficulties in self-organization and motivation to study, hypercontrol on the part of parents. The changed conditions have led to the reorganization of the school's psychological service, focusing on support and individualized psychological assistance to students, parents, and teachers in solving the triad of life tasks: prevention of maladaptation, failure; adaptation to the new, resilience, development, and growth; sharing responsibility with other participants in the educational process (teachers, class leaders); crisis intervention (on current requests); proactive response to potential risks.
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Duić, Dunja, and Veronika Sudar. "THE IMPACT OF COVID-19 ON THE FREE MOVEMENT OF PERSONS IN THE EU." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18298.

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The impact of the COVID-19 outbreak is being endured throughout the world, and the European Union (EU) is no exception. The rapid spreading of the virus effected, among other things, restriction on the freedom of movement. The EU member states introduced national response measures to contain the pandemic and protect public health. While broadly similar, the measures differ with regard to strictness and the manner of introduction, reflecting the political legitimacy of the respective country. With the ‘Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak’ – its first COVID-19-related Communication – the European Commission (EC) attempted to curb differing practices of the EU member states and ensure a coordinated approach. Ultimately, this action was aimed at upholding of fundamental rights as guaranteed to EU citizens, one such being the freedom of movement. Thus, from the very start of the pandemic, the coordinated actions of EU institutions sought to contain the spread of COVID-19 infections with the support and cooperation of EU member states. This is confirmed by the most recent Council of the EU (Council) recommendation on a coordinated approach to restrictions to freedom of movement within the EU of October 2020. While they did prevent the spread of infection and save countless lives, the movement restriction measures and the resulting uncertainty have greatly affected the people, the society, and the economy, thereby demonstrating that they cannot remain in force for an extended period. This paper examines the measures introduced by EU member states and analyses the legal basis for introducing therewith limitations on human rights and market freedoms. To what extent are the EU and member states authorized to introduce restrictions on the freedom of movement in the interest of public health? Have the EU and member states breached their obligations regarding market freedoms and fundamental rights under the Treaty? And most importantly: have they endangered the fundamental rights of the citizens of the EU?
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Ay, Ahmet, Fatih Ayhan, and Mustafa Gerçeker. "Analyzing the Free Movement of Goods Principle in European Union." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01419.

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In this paper, it will be analyzed the free movement of goods principle’s progress in European Union. This principle have special importance for all countries not only EU members. Because of globalisation’s effects, all countries have to open their boundaries to all over the World. Thus the free movement of goods affects almost all countries. Free movement of goods principle is achieved a successful progress in EU case. In this paper, we will try to show this principle’s success in EU agreements, regulations, settlements and peaks. Not only in EU, but also all open economies are getting extra benefit from trade. Free movement of goods is a part of international trade and also first step of EU integration process. Followings steps are consisting of free movement of capitals, services and human. In this paper, we’ll show the meaning and importance of this principle and its historical progress in EU. And also it will be analyzed to basic drawback, preventions, and exceptions of this principle.
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Henschen, Matthew R., Adam L. Koesters, Jonathan Harvey, Gregory Nemunaitis, Mehdi Pourazady, and Mohamed Samir Hefzy. "Emergency Medical Services Backboard With a Pressure Dispersion Liner." In ASME 2009 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2009. http://dx.doi.org/10.1115/sbc2009-206399.

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Spinal immobilization is of utmost importance when caring for major trauma victims. Because of the potential for spinal cord injury, trauma victims must be secured to a rigid backboard. Patients are held in position by placing blocks on either side of their head, straps across their forehead, chest, and legs. The goal of using a hard backboard is to reduce the chances of damaging the victim’s neurological functions because of movement of unstable or injured vertebrae. These backboards serve their function of patient immobilization but present another problem for the patient. They have been associated with a skin breakdown condition called decubitus ulcers (bed sores). Bed sores are areas of damaged skin and tissue that develop when sustained pressure causes a restriction of blood circulation to vulnerable parts of the body. Without adequate blood flow, the affected tissue dies. Some patients may be secured to these boards for up to four hours waiting to undergo x-rays. This is more than enough time for ulcers to reach Stage IV which is the deepest and most destructive ulcer. The incidence of pressure ulcers in newly admitted patients has been reported as high as 59% and 50% have been reported at the sacral region [1, 2]. In experimental studies performed on dogs it has been shown that a constant pressure of only 60mmHg for one hour is enough to cause irreversible tissue damage [3]. When the patients are on the backboards it has been shown that there is often a high pressure spike at the sacral prominence where average maximum interface pressure spike of 260mmHg have been noted. When a thin but very heavy gel pad was added to the backboard, the sacral interface pressure was reduced to an average maximum pressure of 188 mmHg [4]. The objective of this project is to develop a backboard with a light pressure dispersion liner to reduce interface pressures on pressure sensitive areas in the supine position.
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Rocha, Germayne, Rafael Parrilha, and Albert Martins Oliveira. "Influence of Nonlinear Mechanical Contact on Hang-Off Location in Flexible Risers’ Structural Response." In ASME 2010 29th International Conference on Ocean, Offshore and Arctic Engineering. ASMEDC, 2010. http://dx.doi.org/10.1115/omae2010-20403.

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The safe design of flexible pipe on top near its support, in even more challenging deepwater loading conditions, requires more advanced studies to contribute to a better understanding of the influence of nonlinearities on the riser structural response in time-domain numerical computational analysis. The flexible structural non-linear dynamic analysis took into account risers terminated on spider deck passing through I-tube structure which applies lateral movement restriction represented by annulus area of contact elements. Axial movement is free although limited by a minimum slack in the riser guide until the bend stiffener conical interface. This work presents the main outputs of a sensitivity study of the flexible riser dynamic analyses installed in semi-submersibles. Amongst the main benefits of the project are comparisons between a simplified pontoon configuration model x sophisticated spider deck configuration model. The study presents the relevant differences and the level of conservatism inherent to each analyzed configuration models. Critical analysis of the flexible riser response was carried out given critical loading cases and compared among distinct riser specifications in terms of moment and force transmissions from the working point of the bend stiffener to the I-tube support at the bell mouth elevation providing us more realistic interpretation relevant to design reliability of the platform I-tube structure. In addition, the present work aims to study the influence of nonlinearities in the bending moment cumulative distribution and in the damage calculation derived from the dynamic analysis riser response in the top region under extreme far loading conditions.
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Barbosa, Fábio C. "High Speed Intercity and Urban Passenger Transport Maglev Train Technology Review: A Technical and Operational Assessment." In 2019 Joint Rail Conference. American Society of Mechanical Engineers, 2019. http://dx.doi.org/10.1115/jrc2019-1227.

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Magnetic levitation (maglev) is a highly advanced technology which provides, through magnetic forces, contactless movement with no wear and friction and, hence, improved efficiency, followed by reduced operational costs. It can be used in many fields, from wind turbines to nuclear energy and elevators, among others. Maglev trains, which use magnetic levitation, guidance and propulsion systems, with no wheels, axles and transmission, are one of the most important application of the maglev concept, and represents the first fundamental innovation of rail technology since the launch of the railroad era. Due to its functional features, which replaces mechanical components by a wear free concept, maglev is able to overcome some of the technical restrictions of steel-wheel on rail (SWR) technology, running smoother and somewhat quieter than wheeled systems, with the potential for higher speeds, acceleration & braking rates and unaffected by weather, which ultimately makes it attractive for both high speed intercity and low speed urban transport applications. From a technical perspective, maglev transport might rely on basically 3 technological concepts: i) electromanetic suspension (EMS), based on the attraction effect of electromagnets on the vehicle body, that are attracted to the iron reactive rails (with small gaps and an unstable process that requires a refined control system); ii) Electrodynamic Levitation (EDL), which levitates the train with repulsive forces generated from the induced currents, resulted from the temporal variation of a magnetic field in the conductive guide ways and iii) Superconducting Levitation (SML), based on the so called Meissner Effect of superconductor materials. Each of these technologies present distinct maturity and specific technical features, in terms of complexity, performance and costs, and the one that best fits will depend on the required operational features of a maglev system (mainly speed). A short distance maglev shuttle first operated commercially for 11 years (1984 to 1995) connecting Birmingham (UK) airport to the the city train station. Then, high-speed full size prototype maglev systems have been demonstrated in Japan (EDL) (552 kph - 343 mph), and Germany (EMS) (450 kph - 280 mph). In 2004, China has launched a commercial high speed service (based on the German EMS technology), connecting the Pudong International Airport to the outskirts of the city of Shanghai. Japan has launched a low speed (up to 100 kph - 62.5 mph) commercial urban EMS maglev service (LIMINO, in 2005), followed by Korea (Incheon, in 2016) and China (Changsha, in 2016). Moreover, Japan is working on the high speed Maglev concept, with the so called Chuo Shinkansen Project, to connect Tokio to Nagoya, in 2027, with top speeds of 500 kph (310 mph). China is also working on a high speed maglev concept (600 kph - 375 mph), supported on EMS Maglev technology. Urban Maglev concept seeks to link large cities, with their satellite towns and suburbs, to downtown areas, as a substitute for subways, due to its low cost potential, compared to metros and light rail (basically due to their lower turning radius, grade ability and energy efficiency). High Speed Maglev is also seen as a promising technology, with the potential do provide high quality passenger transport service between cities in the 240–1,000 km (150–625 mi) distance range into a sustainable and reliable way. This work is supposed to present, based on a compilation of a multitude of accredited and acknowledged technical sources, a review of the maglev transport technology, emphasizing its potential and risks of the low and high speed (urban and intercity) market, followed by a brief summary of some case studies.
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Herrera Martín, Juan José, and Iván Castilla Rodríguez. "A conceptual model for assessing the impact of Internet-of-Things technologies for people with reduced mobility in airports." In The 21st International Conference on Harbor, Maritime and Multimodal Logistic Modeling & Simulation. CAL-TEK srl, 2019. http://dx.doi.org/10.46354/i3m.2019.hms.006.

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The European Union has regulated by law the elimination of barriers to guarantee the right to free movement, freedom of choice and non-discrimination of people with reduced mobility (PRM). This regulation also affects air transport. More specifically, airports of the member states must offer a quality assistance service to PRM, with the adequate human and technical resources to guarantee their rights. The changing characteristics of the operation of an airport (delays, cancellations, breakdowns, etc.) add great complexity to the design and management of a PRM service. Internet of Things (IoT) technologies pose a unique opportunity to integrate new services and solutions to deal with these problems. This work focuses on the use of modeling and simulation techniques for the evaluation of the impact of the incorporation of new IoT-based elements (such as autonomous vehicles, smart devices and 5G-enabled systems), for the improvement of the PRM service.
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