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Journal articles on the topic 'Restriction to the free movement of services'
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1
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.
4
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.
5
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.
Full textAbstract:
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.
9
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.
10
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.
11
Shumsky, N. "The Common Free Market Zone of Belarus, Kazakhstan, Russia and Ukraine: Problems and Prospects." Voprosy Ekonomiki, no. 8 (August 20, 2005): 114–23. http://dx.doi.org/10.32609/0042-8736-2005-8-114-123.
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The article describes the main aims, objectives, principles and tendencies of formation of the Common Free Market Zone of Belarus, Kazakhstan, Russia and Ukraine. The detailed analysis of economic prerequisites of the said zone creation including the possibilities of the removal of existing barriers between states for the movement of goods and services that interfere with the creation of a viable free trade zone without any exemptions or restrictions is presented. The approaches of the states-participants to the coordination of their talks positions concerning the WTO accession are analyzed. The aspects of formation of the Common Free Market Zone taking into account geopolitical orientation and objectives of the states-participants are considered.
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Parra Rodriguez, Carmen. "Digital borders in the European Union." Studia Prawnicze KUL, no. 2 (December 30, 2020): 193–217. http://dx.doi.org/10.31743/sp.5549.
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The world is facing a new geoeconomic order in which digital media has changed the rules of the game. Borders are fuzzy and both companies and consumers try to strike a balance between free market access and the restrictions that protected economic interests establish. Based on these parameters, the European Union is trying to restructure the single market by applying global solutions that nevertheless collide with the protection measures demanded by economic operators, blocking the provision of services and the free movement of goods through so-called geoblocking. This practice consists of blocking access to services and/or the offer of products depending on the geographical origin of the user/client, either by redirecting users to local websites or simply by restricting access to their product brochure. The fact that consumer associations and users of digital platforms have considered this blockade as a real attack on the digital single market has led the European Union to seek legislative solutions. That is why the European Commission has promoted Regulation 2018/302, which aims to prevent unjustified geographical blocking and other forms of discrimination based on the nationality, place of residence or place of establishment of clients in the internal market. The justification of these protective measures as well as their location in the global geoeconomic space are studied in this work.
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Egorov, A., and A. Petrovskiy. "Social and Economic Problems of EC Countries in the Initial Pandemic Period." World Economy and International Relations 65, no. 3 (2021): 52–59. http://dx.doi.org/10.20542/0131-2227-2021-65-3-52-59.
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The article is devoted to the analysis of key social and economic problems in the EU countries during the initial period of the pandemic. Forced isolation amid the spread of the coronavirus contributed to the growth of domestic and domestic violence, manifestations of racism and xenophobia in the EU. Social discrimination manifested itself in the restriction of access to goods and services for people with Asian appearance. A negative factor was the statements of certain right-wing politicians, as well as a number of media outlets. The member states of the European Union sought to carry out proactive communication with the population of their countries, convincing the latter to use exclusively official information about the situation with the COVID 19 virus and taking steps to ensure the widespread presence of the opinion of the governance in the media and on the Internet. Due to the extraordinary circumstances, EU member states have resumed controls at their internal borders in an effort to ensure the safety of their citizens. Despite assurances from the European Commission that the restrictions would not affect the interests of the EU population and third-country nationals, in March 2020, tangible obstacles arose in the way of realizing the fundamental right to free movement. The first steps were taken to support the sectors of the economy and the employment market in the initial phase of the pandemic. Particular attention was paid to the state of affairs in the most vulnerable service sector. The employment market experienced serious shocks, which was reflected in the growth of unemployment in the EU countries. The measures taken by the authorities of the member states, in general, met the interests of workers, but encountered difficulties in the course of implementation.
14
Marin, Nikolay. "COVID Pandemic and its Influence as Fragmentation of EU Market and Security." International conference KNOWLEDGE-BASED ORGANIZATION 26, no. 2 (June 1, 2020): 193–98. http://dx.doi.org/10.2478/kbo-2020-0075.
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AbstractThe prevalence of the COVID 19 virus from an epidemic evolved into a pandemic and that was proclaimed by the WHO. Managing health problems has inherently come in a direct connection with a range of systems and industries such as health, economy, and national security. The measures that are taken to curb the virus have had an extremely adverse effect on the EU and its Member States, which are among the most affected ones. Achievements such as the common market and internal security that are built on the free movement of the four freedoms are limited for the first time in a way that affects the whole Union and its Member States. In most of the EU Member States state of emergency is established and the governments apply restrictive measures. The article examines the impact of the health problem and the achievements of the common market and concludes further normalization of free movement in the EU. The economic effects of the COVID pandemic will prevent emerging countries from providing key services. This will lead to trust undermining in government and internal security challenges.
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Niemi, Matti Ilmari. "The Bologna Declaration and Free Movement of European Union Citizens in the Fields of Legal Education and the Legal Profession – Observations in Finland." Opolskie Studia Administracyjno-Prawne 15, no. 4 (December 10, 2017): 21–37. http://dx.doi.org/10.25167/osap.1230.
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Finland is a member of the European Higher Education Area. The principles of the Bologna Declaration have become reality in certain respects. The form and structure of Finnish law degrees are uniform with the Bologna model. However, mobility and the free movement of students have only been realised in a limited sense. Finnish law degrees are still closed both in international and national respects. Uniformity of degrees is treated here as a means to carrying out free movement and the right of establishment as the principles of the European Union. Uniformity of degrees is a necessary precondition in recognising degrees earned in another country. Without the recognition of the workmanship and degree earned in a home country, it is very difficult to establish oneself in a host county. Both the basic treaties and the applicable directives of the European Union obligate member states to recognise degrees earned in other member states. There are, however, important exceptions and restrictions. Lawyers often work as judges, prosecutors, bailiffs and other officers. They are subject to exceptions and restrictions. As a rule, advocates have the freedom to provide services and establish themselves in a permanent way, and act as advocates in another member state. Even in this case, there are steps and restrictions. In practice, it is not easy to move to another member state and act as an advocate with the help of a law degree earned in the home state. Basically, the reasons for these difficulties are the differences between national legal systems.
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Slight, Ben P. "Could Physician-Assisted Suicide be Classified as a Service Under Article 49 of the European Community Treaty?" Medical Law International 10, no. 2 (September 2009): 139–63. http://dx.doi.org/10.1177/096853320901000203.
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This paper considers whether it is possible to classify physician assisted suicide (PAS) as a ‘service’ for the purposes of Article 49 of the European Community Treaty. It suggests that if PAS were to be formally recognised as a ‘service’ for the purposes of European Community (EC) Law, it is unlikely that the UK Government would be able to deny terminally ill Britons from exercising their rights as EU Citizens to obtain PAS in the more permissive jurisdictions of Member States. This paper will demonstrate that the provision of PAS in a Member State by a Dignitas-type organisation could easily fulfil the requirements of Article 49 and be recognised as a service under Community Law. Owing to the considerable rights that the classification of PAS as a ‘service’ under EC Law would afford terminally ill individuals, the paper will examine the case law of the European Court of Justice relating to the free movement of services. This jurisprudential analysis will contend that it is unlikely that a Member State could invoke any of the agreed exceptions to Article 49 as a method of restricting the availability of PAS as a service within its jurisdiction.
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Mukherji, Indra Nath. "South Asian Free Trade Area and Indo-Pakistan Trade." Pakistan Development Review 43, no. 4II (December 1, 2004): 943–58. http://dx.doi.org/10.30541/v43i4iipp.943-958.
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Preferential trading is one of the mildest forms of an integrative arrangement. Under the arrangement, the Contracting States (CS) offer a preferential margin with respect to trade barriers in relation to their MFN rates. CS having disparate levels of development as well as trade regimes, find this an acceptable instrument for initiating regional trade liberalisation. Such an arrangement nevertheless provides the building blocks towards accelerated regional trade liberalisation culminating in a free trade area within a defined time frame. Under a free trade area the CS eliminate all trade restrictions on their mutual trade, while maintaining restrictions in their trade with non-CS at a level they deem appropriate. When all CS decide on a common external tariff, then the arrangement translates itself in a more cohesive customs union. The arrangement translates to a common market when all CS agree not only to allow free movement of goods and services, but all the factors of production including capital and labour. Finally, the most comprehensive form of an integrative arrangement results from an economic union, which integrates national economic policies of CS and leads to the adoption of a common currency. The Agreement on South Asian Preferential Trading Arrangement (SAPTA), which became operational since December 7th, 1995 thus, symbolises the beginnings of the very first stage of an integrative arrangement among the member countries of SAARC. The decision made at the Twelfth SAARC Summit at Islamabad in January 2004 to launch South Asian Free Trade Agreement (SAFTA) from January 2006 would mark the second stage of the process of integration in the region. The main focus of this paper is to assess the impact of SAPTA on Indo-Pak trade.
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Cherednychenko, Anna. "Application of free software in secondary schools of Ukraine." Ukrainian Journal of Educational Studies and Information Technology 6, no. 3 (September 30, 2018): 21–32. http://dx.doi.org/10.32919/uesit.2018.03.03.
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Information and communication technologies and software are now used in a lot of areas of human activity. The information technology industry is constantly expanding, offering new software products and services to consumers. Proprietary software vendors deliver quality programs and guarantee their upgrade and support, but set fairly hard restrictions on their use. Licenses clearly stipulate the conditions for the installation, use and transfer of software, the number of copies, etc. Consequently, besides the fact that such software has a high cost in most cases, it significantly limits the freedom of users and makes them dependent on developers and vendors.
One of the global software industry trends is the development of free software. Its important advantage is the ability to install, transmit and modify it without restrictions, and to use it to solve a variety of tasks, including profitable. In addition, such programs are often free, which is extremely important for the education sector. The implementation of free software in educational institutions can be considered as an important economic factor, as a factor of the development of students' competence and vocational guidance, as a factor of the development of civic consciousness.
In the article the phenomenon of free software was analyzed, the movement for which began in the 70's of the twentieth century. It is found out that the idea of the free software is based on the philosophy of respect for individual freedom, which is realized through the freedom to execute programs in any way, to study and modify programs, to transfer copies of programs to other users, to transmit to other their modified versions of programs. We show the advantages and disadvantages of the free software, its role in information and civil society, the importance of its using in education.
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Rao, N. H. "Electronic Commerce and Opportunities for Agribusiness in India." Outlook on Agriculture 32, no. 1 (March 2003): 29–33. http://dx.doi.org/10.5367/000000003101294235.
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Electronic commerce (or e-commerce) using Internet technologies helps businesses to cut costs and cycle times, raise efficiency and provide more information, choice and value to consumers. Agribusinesses in India will need to deploy Internet technologies to gain competitive advantage and avoid isolation from mainstream businesses. Some challenges to becoming e-commerce-enabled are technical (limited infrastructure for Internet access), some are government policy-related (bandwidth, free movement of goods across states, market and trade policies), and some are legal. Many of these challenges are being addressed through both public and private initiatives. Some are specific to agribusiness: for example, relating to scope, regional specificity, the multidisciplinary nature of agricultural services, and trade restrictions on agro-products. Low levels of computer literacy and innumerable local languages compound these challenges. A two-stage strategy is suggested for agribusiness, one for improving operational efficiencies within businesses by using Internet technologies in back office business operations, and the other for delivering both knowledge and products to farmers. The first requires deploying new, generic and cost-effective Internet technologies with open standards and protocols. The second requires using Internet technologies for strategic positioning of products and services to gain long-term competitive advantage. The latter would mean persisting with conventional business strategy while using the Internet as an effective front end.
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Erimia, Cristina Luiza, Rodica Sîrbu, Melat Cherim, and Stelian Paris. "Measures to Protect Patient Rights by Monitoring the European Pharmaceutical Market." European Journal of Social Sciences Education and Research 6, no. 1 (April 30, 2016): 195. http://dx.doi.org/10.26417/ejser.v6i1.p195-200.
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The pharmaceutical sector is vital to the health of European citizens, who must have access to innovative, safe and affordable medicinal products. The operation of the pharmaceutical sector at Community level is based on four dimensions: regulation, integration, competition and innovation. Given its importance for health services, the existing regulatory framework in this area should not include unnecessary regulatory constraints restricting and limiting competition. Considering this fact, this article analyzes the existing control in competition law on the pharmaceutical market achieved at EU level. Currently, the free movement of goods is regulated by many policies and harmoniously fits within a responsible domestic market, which guarantees the unimpeded access to high quality products and provides a high degree of protection of other objectives of public interest. Given the fact that medicinal products are commodities, this article examines how, by monitoring the pharmaceutical market, patients are guaranteed the right to high quality medicines. This paper also aims to present the complex mechanisms of the pharmaceutical sector that have undergone a careful and consistent analysis both the European Commission and the Competition Council.
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Tushevska, Borka. "The Non - Discrimination Principle Through The Concept Of Establishment Of Companies In European Union." SEEU Review 11, no. 1 (December 1, 2015): 111–22. http://dx.doi.org/10.1515/seeur-2015-0014.
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Abstract The non-discrimination principle is one of the essential principles in the area of European public and private law too. The importance of this principle also takes a great place in field of company law, especially in the area of “freedom of establishment of the companies” in the European Single Market (hereinafter ESM). Freedom of establishment of companies is closely related to the general concept of “free movement of people, capital, goods and services,” in ESM. In fact, freedom of establishment is a substantive part of the process of creation the internal market in EU. The freedom of establishment is based on the Treaty of the functioning of EU (hereinafter TFEU). According to article 49 from TFEU (previously article 43 et seq. EC Treaty), restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. This prohibition also applies to restrictions on setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State. In-depth exploration of this issue is conditioned by the interpretation of the Court of justice of European Union (hereinafter CJEU), which embodies the real legal regime of freedom of establishment. Freedom of establishment of companies is closely related to the principles of healthy and fair competition and equal access of the companies too. This article seeks to elaborate fundamental theoretical aspects of this issue, considering certain case - study analyze of CJEU judgements. The main focus is on the non-discrimination principle, legal effects of the CJEU judgments, free market and competitiveness, and finally, determination of the concept of primary and secondary establishment of companies in EU.
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Mironova, Margarita, Anna Romanova, Danil Burkeev, Bilyal Zaynutdinov, and Roza Safina. "Modern aspects of managing the financial risks of an oil company in the context of globalization and global change." SHS Web of Conferences 92 (2021): 03018. http://dx.doi.org/10.1051/shsconf/20219203018.
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Research background: Globalization is a process of uniting the world into a single system of global properties. The globalization of the world economy finds expression in the process of the global space being altered where it transforms into a single zone open to the free and unrestricted movement of goods, services, information and capital. The spread of the COVID-19 pandemic has disrupted the unification of economic life rules and the transformation of the system of interstate regulation of global economic cooperation. There has been a disruption in technological, logistics and business chains resultant from the world’s leading national economies closing and many economic entities which operated in the “real economy” shutting down. These “pandemic-caused” factors have put substantial restrictions on the income of companies and their staff while also fueling unemployment. Purpose of the article: to research the company’s financial risks in the context of global changes caused by the pandemic. Methods: The study employs methods of analysis and synthesis, statistical data analysis as well as regression analysis. Findings & Value added: The main goal of the research is to study the main types of financial risks of an oil company, analyze the econometric model, and identify the main factors that affect the company’s solvency in the context of global changes.
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Mustafa, Usman, Waqar Malik, and Mohammad Sharif. "Globalisation and Its Implications for Agriculture, Food Security, and Poverty in Pakistan." Pakistan Development Review 40, no. 4II (December 1, 2001): 767–86. http://dx.doi.org/10.30541/v40i4iipp.767-786.
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The world trade liberalisation has been the major concern to almost all the international communities since very long due to the extensive trade restrictions imposed by the developed and industrial countries. These restrictions caused to create a very tough protectionist economic environment for all the countries [SESRTCIC (1995) and Chaudhary (2001)]. Pakistan is one of the founder members of the General Agreement on Tariffs and Trade (GATT) since 1948 and a signatory of Uruguay Round of Multilateral Trade Agreement (MTA) with Word Trade Organisation (WTO). The Agreement made significant progress in three major areas i.e. market liberalisation which could add approximately one percent of world real GDP (US$212-274 billion) and 10 percent to world trade upon full implementation of the Agreement, strengthening of rule and institutional structure, particularly the creation of WTO, which could decide on dispute and impairment of trade rules and principles, and integration of new areas into the multilateral trading system such as general agreements on trade in services (GATS) and trade-related intellectual property rights (TRIPs), trade-related investment measures (TRIMs) and the traditionally sensitive and contentious sectors (agriculture, and textile and clothing) [Abidin (1994); GATT (1994) and IMF (1994)]. The classical economists explained the welfare benefits of globalisation (by the specialisation and widening of markets through trade). Trade can bring settlement by allowing countries to take benefit of their comparative advantage, harvest the profit of scale economies and ensure competition, greater variety and potentially, more stable markets and prices. The free movement of capital directs resources towards their more productive use.
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Greenwood-Hickman, Mikael Anne, Jacklyn Dahlquist, Julie Cooper, and Dori Rosenberg. "Impact of the 2020 COVID-19 Pandemic on Older Adults’ Perceived Sedentary Behavior and Physical Activity." Innovation in Aging 4, Supplement_1 (December 1, 2020): 949–50. http://dx.doi.org/10.1093/geroni/igaa057.3474.
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Abstract Starting in March 2019, stay-at-home orders meant to control the spread of the COVID-19 pandemic have limited movement, activities, and services in Washington State. For older adults, who are the most sedentary age group, we hypothesized that these public health measures encouraged increased sedentary behavior (SB) and reduced physical activity (PA) levels. To explore this, we conducted 25 semi-structured interviews with a sub-sample of participants in an ongoing sedentary behavior reduction intervention. Interviews were recorded and transcribed, and an iterative coding process was used to extract key themes related SB changes, PA changes, and other impacts of COVID-19 social distancing measures. Most participants reported an increase in SB due to limitations on leaving their home, canceled activities, increased free time in which to pursue indoor hobbies traditionally done in a seated posture (reading, sewing, tv, etc.), and feelings of depression or lack of motivation. Some participants suggested that these restrictions also led to a decrease in their PA and exercise levels due to cancelled fitness classes, loss of social support around exercise routines, and fear of leaving the house. However, other participants reported that the social distancing measures have allowed them to increase their PA levels, giving them more time to walk outdoors or pursue active outdoor hobbies like tennis, gardening, or home improvement tasks. In conclusion, the COVID-19 pandemic and associated social distancing measures have had varying impacts on participant perceived SB and PA levels. It is unclear how these changes will be maintained when pandemic restrictions are lifted.
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Sabaté Gauxachs, Alba, José María Albalad Aiguabella, and Miriam Diez Bosch. "Coronavirus-Driven Digitalization of In-Person Communities. Analysis of the Catholic Church Online Response in Spain during the Pandemic." Religions 12, no. 5 (April 28, 2021): 311. http://dx.doi.org/10.3390/rel12050311.
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COVID-19 has driven several global offline communities to go online. Restrictions to the free movement of people in response to the coronavirus pandemic triggered a profound rethinking of jobs, products and services, and among them, the activities of religious communities, which are well consolidated in the offline sphere. In Spain, since the lockdown established by the government in March 2020, the Catholic Church has reinvented its activity, as all the churches and other places of worship have been closed. This constituted a considerable challenge, considering the history and dynamics of the institution. This paper aims to analyze how Catholicism, as one of the most consolidated offline communities, reworked its communication, going online in a matter of days. With this objective, researchers surveyed each and every one of the 70 Spanish dioceses, taking them as representatives of the global Catholic community in the country. Their responses are complemented with an in-depth interview with the Director of Communications at the Spanish Conference of Bishops. The results highlight the huge and unprecedented step towards the digitalization of the community through consistent, creative and efficient action. New methods, platforms and languages have been implemented, even broadening community membership. Despite an offline essence that is still detected in some decisions, this pandemic has brought a new communicative paradigm to the Spanish Catholic community. Digitalization has been consolidated whilst preserving the best aspects of direct contact and action.
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Sumption, Keith, Theodore J. D. Knight-Jones, Melissa McLaws, and David J. Paton. "Parallels, differences and lessons: a comparison of the management of foot-and-mouth disease and COVID-19 using UK 2001/2020 as points of reference." Proceedings of the Royal Society B: Biological Sciences 287, no. 1938 (November 4, 2020): 20200906. http://dx.doi.org/10.1098/rspb.2020.0906.
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Foot-and-mouth disease (FMD) is an extremely infectious viral infection of cloven-hoofed animals which is highly challenging to control and can give rise to national animal health crises, especially if there is a lack of pre-existing immunity due to the emergence of new strains or following incursions into disease-free regions. The 2001 FMD epidemic in the UK was on a scale that initially overwhelmed the national veterinary services and was eventually controlled by livestock lockdown and slaughter on an unprecedented scale. In 2020, the rapid emergence of COVID-19 has led to a human pandemic unparalleled in living memory. The enormous logistics of multi-agency control efforts for COVID-19 are reminiscent of the 2001 FMD epidemic in the UK, as are the use of movement restrictions, not normally a feature of human disease control. The UK experience is internationally relevant as few countries have experienced national epidemic crises for both diseases. In this review, we reflect on the experiences and lessons learnt from UK and international responses to FMD and COVID-19 with respect to their management, including the challenge of preclinical viral transmission, threat awareness, early detection, different interpretations of scientific information, lockdown, biosecurity behaviour change, shortage of testing capacity and the choices for eradication versus living with infection. A major lesson is that the similarity of issues and critical resources needed to manage large-scale outbreaks demonstrates that there is benefit to a ‘One Health’ approach to preparedness, with potential for greater cooperation in planning and the consideration of shared critical resources.
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Marino, L. V., R. Wagland, D. J. Culliford, T. Bharucha, S. C. Sodergren, and Anne-Sophie E. Darlington. "“No Official Help Is Available”—Experience of Parents and Children With Congenital Heart Disease During COVID-19." World Journal for Pediatric and Congenital Heart Surgery 12, no. 4 (July 2021): 500–507. http://dx.doi.org/10.1177/21501351211007102.
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Introduction: The purpose was to explore the experience, information and support needs, and decision-making of parents of children with congenital heart disease (CHD), as well as the children/young people themselves, during the COVID-19 crisis. Materials and Methods: A survey study of parents of children with CHD, children and young people, capturing experiences, decision-making, information, and support needs during the COVID-19 crisis was conducted. The survey launched for one month (April 9, 2020) during the first infection wave in the United Kingdom and subsequent restriction of free movement under lockdown rules from March 23, 2020, until May 31, 2020. Results: One hundred eighty-four parents and 36 children/young people completed the survey. Parents were more likely to worry about the virus (86.4%) than children/young people (69.4%), while (89%) parents were more vigilant for symptoms of the virus versus children/young people (69.4%). A thematic analysis of the qualitative comments covered 34 subthemes, forming eight overarching themes: Virus—(1) risk of infection; (2)information, guidance, and advice; (3) change in health care provision; and (4) fears and anxieties, and lockdown and isolation—(5) psychological and social impact, (6) keeping safe under lockdown, (7) provisions and dependence on others, and (8) employment and income. Conclusions: There was widespread concern over the virus especially among parents. Parents and children/young people, however, were frustrated with the lack of specific and pediatric-focused information and guidance, expressing disappointment with the adult-centric information available. Parents also felt alone, especially with their concerns around the implications of cardiac service suspension and the implication for their child’s health. In order to better support children and their families, resources need to be developed to address families’ and children/young people’s concerns for their health during this pandemic.
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Chae, Hyung Bok. "Restriction by the EU on Free Movement of the Migrant Workers." Journal of international area studies 11, no. 2 (July 31, 2007): 439. http://dx.doi.org/10.18327/jias.2007.07.11.2.439.
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Barnard, Catherine, and Amy Ludlow. "Free movement of services, migration and leaving the EU." National Institute Economic Review 236 (May 2016): 23–30. http://dx.doi.org/10.1177/002795011623600104.
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For many people the key question in the referendum is whether a vote to leave will enable the UK to take back control of its borders. So for them the focus is primarily on Article 45 on the Treaty of the Functioning of the European Union (TFEU) which allows free movement of workers. But for individuals much movement to other EU Member States is covered by Article 56 TFEU on the free movement of services. This article will argue that empirical research shows that there is in fact an interesting link between temporary migration under Article 56 TFEU and ultimately permanent migration under Article 45 TFEU. Brexit has the potential profoundly to affect both.
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Fuchs, Maximilian. "Free Movement of Services and Social Security-Quo Vadis?" European Law Journal 8, no. 4 (December 2002): 536–55. http://dx.doi.org/10.1111/1468-0386.00164.
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Bigo, Didier. "Immigration controls and free movement in Europe." International Review of the Red Cross 91, no. 875 (September 2009): 579–91. http://dx.doi.org/10.1017/s1816383109990385.
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AbstractEffective control of cross-border activities is nearly impossible in market-economy regimes which, in order to remain viable, have to keep their borders open to goods, capital and services. This article exposes the tensions between a legal system predicated on openness and a groundswell of security-driven rhetoric justifying coercive and ostracizing practices against foreigners.
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Ilieva, Raya. "The Free Movement of Services and The Right to Nondiscrimination." International conference KNOWLEDGE-BASED ORGANIZATION 23, no. 2 (June 25, 2017): 171–74. http://dx.doi.org/10.1515/kbo-2017-0108.
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Abstract The present article will explore the free movement of services, which is one of the four fundamental freedoms of the citizens of the European Union. The reader's attention will be drawn to the violation of the right to non-discrimination in view of the unfavourable treatment of Bulgarian citizens in comparison with citizens of the European Union regarding the prices of package holidays on the Bulgarian Black Sea coast offered by Bulgarian travel agencies.
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Nshimbi, Christopher Changwe. "Pan-African Aspirations Drive a New Free Trade Pact." Current History 118, no. 808 (May 1, 2019): 188–93. http://dx.doi.org/10.1525/curh.2019.118.808.188.
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KARTYSHEV, D. V. "IMPLEMENTATION OF UKRAINE'S WORLD EXPERIENCE INSTITUTIONAL SUPPORT FOR CARRIAGE TRANSPORTATION." Economic innovations 20, no. 1(66) (March 20, 2018): 87–95. http://dx.doi.org/10.31520/ei.2018.20.1(66).87-95.
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Topicality. The functioning of international merchant shipping and the practice of international trade in goods are interrelated at different levels - from historical to the level of a separate treaty. Here, contracts for the purchase and sale of goods, transportation, insurance, financing, transport and warehouse documents of title are intertwined and interact. The necessary degree of awareness in these issues is an indispensable condition for both successful business activity and for solving the problems of unification of maritime and commercial law. Also the urgency of the organizing problems of electronic trade by shipping services of shipping lines and their agents through the internal brands, Intranet and the Internet and ways of their overcoming are considered. Aim and tasks. International cargo transportation is a really confusing business through its customers, partners and employees, which are scattered around the world. Today's information technology has become a focal point for shipowners in order to gain a competitive edge over their rivals by choosing and setting the right partners in their rapidly expanding and timely transmission of information and interactive communication between their partners in the value chain (see Porter's Value Chain). network of value creation. As the international marketing concept develops, companies recognize that the real value creation requires intensive interaction between the internal (employees in a number of departments) and external players and clients as a result of partnership, a flexible value chain. The speediness of the delivery of goods depends on the extent to which all participants in the logistics processes (commercial organizations and state regulatory bodies) were able to make the transition from paper technologies to electronic technologies. The use of paper documents in parallel with the electronic several times increases the time of registration at all stages of the movement of goods. Research results.The central theme in trade facilitation is the reduction of bureaucratic restrictions for the movement of goods across borders. Why ask commercial operators to submit about thirty documents to forty different agencies with often repeated information? To reduce these formalities, collect information necessary for controlling bodies as quickly and easily as possible - this is the essence of trade facilitation. Simplification and reduction of the required procedures, data and documents, their harmonization with international standards, computerization of documents and foreign trade processes will significantly accelerate the movement of goods and information about them across borders. Approximately 40 years ago, US experts calculated that eliminating unnecessary bureaucratic procedures and paper flows would reduce the cost of trade operations by 7% in the US, and this was always a very large amount that the society simply lost because of insufficiently streamlined processes. The Single Window system has already been implemented in many countries, such as Japan, Singapore, Sweden, the United States and Senegal. Conclusion. The proposal was accompanied by information that in existing national laws and international conventions there are significant gaps regarding the functioning of bills of lading and sea waybills, the connection of these transport documents with the rights and obligations of the seller and buyer of goods, the legal status of entities providing financing to one of the parties to the contract of carriage Cargo. In some states there is a regulatory framework for these issues, but it is not uniform. And in many states there is no regulatory framework in this sphere at all. This circumstance is an obstacle to the free movement of goods and increases the value of transactions. The widespread use of electronic means of communication in the transport of goods further exacerbates the consequences of the fragmentation and non-unification of various laws and leads to the need to develop uniform provisions on specific issues related to the use of the applied technologies.
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Yablunovska, K. "RESTRICTION OF FREEDOM OF MOVEMENT AND FREE CHOICE OF RESIDENCE OF UKRAINIAN CITIZENS." “International Humanitarian University Herald. Jurisprudence” 1, no. 41 (2019): 125–28. http://dx.doi.org/10.32841/2307-1745.2019.41-1.29.
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Mehmeti, Ismail A., Sokol Krasniqi, and Hysen Sogojeva. "Trade and Country Legislation as a Roadmap for Economic Integration: Focus on Balkan Countries." International Journal of Management Excellence 14, no. 3 (April 30, 2020): 2109–13. http://dx.doi.org/10.17722/ijme.v14i3.1143.
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Purpose: This paper focuses on identifying the role of trade and legislation of a country for economic integration. Every Balkan country has claims to integrate into the large family of the European Union- EU. This context besides foreign trade legal infrastructure is one of the main determinants of this process. It is imperative that laws related to the process of economic integration should comply with EU legal directives. Design/Methodology/Approach: Data processing design (for legislation as a roadmap for economic integration) is in line with established international standards. It focuses on data published by the governing institutions of the relevant countries using deductive methods. It also compares data obtained from research in analytical and synthetic terms with direct access to literature, scientific journals, as well as official reports published locally and abroad. Findings: Today, economic integration has become a necessity of recent times. They are influenced by a large number of relevant factors and are received by political actors on the basis of whose political actions will bring about liberal or protectionist policies. Each state has its own legal acts and other legal provisions regulating the functioning of the country's legal system. Free trade and the implementation of economic integration are closely linked to "Fiscal Policy" as part of the overall economic system. Adoption of restrictive fiscal laws that impede the international movement of goods and services has detrimental effects on the development of international trade and impedes the development of good relations between sovereign states. Practical Implications: The elaboration of this paper is based on the legal analysis of contemporary economic integration as well as the economic aspects and modalities for the practical realization of regional integration. The paper presents data - on market performance and legislation that determines economic integration - which shows the current state of affairs of the Western Balkan countries in the context of such integration. Originality/Value: The data in the paper present the real state of commercial economic developments and legislation as determinant of economic integration in the Western Balkan countries. The focus is on the creation of adjacent legislative spaces of these countries, which enables accelerated integration with the ultimate aim of joining the EU.
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N.V., Nykonenko. "INFLUENCE OF US SPECIAL EDUCATION LEGISLATION IN 1975–1989 ON SPECIAL EDUCATION DEVELOPMENT." Collection of Research Papers Pedagogical sciences, no. 94 (May 6, 2021): 7–14. http://dx.doi.org/10.32999/ksu2413-1865/2021-94-1.
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The article deals with studying of social transformations in 1975-1989 and new democratic traditions caused with the US legislation on education of individuals with disabilities.The role of the period for the current special education system creation in the United States is highlighted. US federal legislation in 1975–1989 introduced the legal basis of the special education system, which finally determined the vector of its development and caused a revolution in the whole education system. Active civil movement for equal rights enabled the adoption of The Education for All Handicapped Children Act of 1975, known after the renewal as The Individuals with Disabilities Education Act of 1990. The main innovations of the adopted law in the field of US special education were ensuring free access to appropriate public education for American children with disabilities aged 3 to 21, a right to be served in the least restrictive environment, at public expense, and under public supervision; introduction of individualized educational programs, launching early intervention programs for children at risk, funding of additional educational services for students with special educational needs, etc. The law adoption guaranteed millions of students who were raised in residential institutions or did not receive appropriate educational services in regular schools a possibility to study for free in accordance with state standards with their peers.According to the amendments to this law in 1983 and 1986, the leading principle of special education has been the partnership of parents or caregivers and professionals. To intensify active parental interaction, the law provided their mandatory participation in each stage of individualized educational programs for their children, the opportunity to discuss the conditions of the child’s education and the right to sue the school in case of a controversial educational decision.Key words: history of US special education, legal regulation of US special education, periods of US special education legislation, special education in the USA, periods of special education legislation. Ухвалені Конгресом США у 1975–1989 рр. законодавчі акти запровадили правові основи системи спеціальної освіти, які остаточно визначили вектор її розвитку та спричинили революцію в системі освіти країни загалом. Зауважено роль активного руху за рівні права для всіх громадян країни в ухваленні Закону «Про освіту для всіх дітей з інвалідністю» після оновлення у 1990 р. відомого під назвою «Освіта осіб з особливими освітніми потребами». Досліджено, що головними нововведеннями галузі спеціальної освіти у США після ухвалення зазначеного закону стали забезпечення доступу американський дітей з обмеженнями життєдіяльності віком від 3 до 21 року до безкоштовної освіти належної якості у державних закладах освіти і під контролем громадськості, запровадження індивідуальних навчальних планів, програм раннього втручання для дітей групи ризику, фінансування додаткових освітніх послуг для учнів з особливими освітніми потребами тощо. Підкреслено, що після ухвалення зазначеного закону мільйони учнів, які раніше зростали в закритих спеціалізованих установах або не отримували належних освітніх послуг у загальних школах, отримали можливість безкоштовно навчатися відповідно державних стандартів разом зі своїми однолітками.Указано, що відповідно до поправок до вказаного закону 1983 та 1986 рр. провідним принципом спеціальної освіти стала партнерська взаємодія батьків або опікунів та фахівців. Наголошено, що для активізації цієї взаємодії законом передбачено обов’язкову участь членів сім’ї на кожному етапі укладання індивідуальних навчальних програм для своїх дітей, можливість обговорювати умови навчання дитини та право подавати позов на школу в разі ухвалення суперечливого рішення.Ключові слова: спеціальна освіта у США, правове врегулювання спеціальної освіти, періодизація розвитку правового забезпечення спеціальної освіти, періодизація становлення правового забезпечення спеціальної освіти США.
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De Vos, Marc. "Free movement of workers, free movement of services and the posted workers directive: a Bermuda triangle for national labour standards?" Era Forum 7, no. 3 (September 2006): 356–70. http://dx.doi.org/10.1007/bf02857086.
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Shaw, Jo. "Citizenship, Migration and Free Movement in Brexit Britain." German Law Journal 17, S1 (July 1, 2016): 99–104. http://dx.doi.org/10.1017/s2071832200021787.
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Regardless of what happens in the next few months and years in the post-referendum UK, much of the harm has been done. The uncertainty, in particular, is killing. It will have a significant impact on many of the UK's most productive economic sectors including universities and financial services. It will cast a shadow over inward investment and over the willingness to take risks of those responsible, for example, for building new infrastructure. There will be a brain drain. Already in some respects the EU is acting as if the UK were no longer a Member State. It has no Commissioner since Jonathan Hill's resignation. After the EUCO summit on 29 June which took pace without the UK's presence, EU27 conclusions were issued.
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Bernard, Nicolas. "Discrimination and Free Movement in EC Law." International and Comparative Law Quarterly 45, no. 1 (January 1996): 82–108. http://dx.doi.org/10.1017/s0020589300058668.
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Fundamental issues sometimes hide themselves behind what to an untrained eye might look like a technical and somewhat dry debate. Thus, a layman hearing Community lawyers' talk about the legal basis of legislation might be excused for not realising that the issue may be that of the role of the European Parliament in the European Union, and therefore the democratic legitimacy of the EU institutions. The debate about the function of the concept of discrimination in the law on the free movement of goods, services and persons in the Community is one of those discussions which has more to offer than meets the eye. What the debate is really about is the balance of powers between the member States and the Community and the federal nature of the Community legal order as well as, incidentally, the balance between market principles and other values embodied in legislation. Translated by specialists in the free movement of goods in the Community, it has become, in the context of Article 30 of the Treaty: should we read a “rule of reason” within Article 30, or can Cassis de Dijon be explained in terms of indirect discrimination?
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Višinskis, Vigintas, Inga Žalėnienė, and Agnė Tvaronavičienė. "Legal environment within the EU: free movement of lawyers and legal services." Verslas: teorija ir praktika 10, no. 1 (March 27, 2009): 30–37. http://dx.doi.org/10.3846/1648-0627.2009.10.30-37.
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Nic Shuibhne, Niamh. "The Social Market Economy and Restriction of Free Movement Rights: plus c'est la même chose ?" JCMS: Journal of Common Market Studies 57, no. 1 (November 29, 2018): 111–26. http://dx.doi.org/10.1111/jcms.12816.
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FRIEDL, B. "Fixed Term Contracts for Foreign Language Lecturers-A Proportionate Restriction on Free Movement of Workers?" Industrial Law Journal 25, no. 1 (March 1, 1996): 66–70. http://dx.doi.org/10.1093/ilj/25.1.66.
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Faulkner, Sophie, Penny Bee, Richard Drake, and Derk-Jan Dijk. "M85. LIGHT-DARK AND ACTIVITY RHYTHM THERAPY TO IMPROVE SLEEP IN SCHIZOPHRENIA SPECTRUM DISORDERS: EXPERT CONSENSUS, INTERVENTION DEVELOPMENT AND FEASIBILITY TESTING." Schizophrenia Bulletin 46, Supplement_1 (April 2020): S166—S167. http://dx.doi.org/10.1093/schbul/sbaa030.397.
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Abstract Background Sleep problems are prevalent in schizophrenia spectrum disorders, and include psychophysiological insomnia, and sleep disturbances caused predominantly by circadian dysregulation. Studies using motion sensing wearables (including actigraphy) have shown a diverse range of rest activity patterns, including mis-timed sleep, irregular sleep, or non-24hr (free-running) sleep patterns. Sleep and circadian rhythm disturbances impact negatively on functioning and quality of life, and long term poor sleep is linked to weight gain, and other serious physical health conditions. Many of the factors supposed to cause or maintain poor sleep in this group are modifiable through behavioural and environmental alterations. Methods An expert consensus study (Delphi study) was conducted to examine and explore the views of relevant experts, regarding the appropriate contents and format of an occupational therapy intervention to improve sleep in schizophrenia spectrum disorders. Experts were recruited with expertise in: occupational therapy, sleep, insomnia, circadian rhythm, and schizophrenia spectrum disorders. Experts with clinical and/or research expertise were sought, as well as service users and carers. We conducted three rounds of online surveys, individual interviews, and a day of content presentation, comments and voting, and discussion groups with service users and carers. Quantitative data were analysed using descriptive statistics and presented graphically for comparisons. Qualitative data (survey comments and interviews) was analysed using thematic analysis. Analysis and data collection was iterative; with later rounds exploring views raised during earlier rounds. The results informed the development of the intervention now being tested in a single group feasibility study recruiting twenty participants. Using mixed methods, this study will evaluate acceptability, homework adherence and trial related procedures, informing adjustments prior to larger scale testing. Results The Delphi study recruited and retained participants well (n=82 of target=85, 66% uptake from professionals approached, 97% completion), suggesting a high level of interest in this topic. Participants reached consensus regarding relevant content within the initial assessment, increasing daytime natural light exposure (when possible), approaches to evening routine, and the approach to activity and occupation. Views varied regarding the relative importance of sleep restriction and building ‘sleep drive’, versus reducing arousal such as through relaxation, mindfulness, or cognitive approaches to anxiety. Often service users’ and carers’ views reflected those of professionals, however on some areas views between these groups differed, such as acceptable levels of intervention burden, and regarding wearables. Overall views highlighted the importance of a tailored intervention, with adjustable and selectable elements. The tailoring of recommendations will be achieved through a thorough assessment, including longitudinal use of light and movement sensing wearables, and a detailed initial interview. Many intervention components are optional based on needs, and the homework recommendations from ‘core’ intervention elements will vary depending upon individual needs, preferences, and baseline problems and situation. Discussion The diversity of sleep disturbance presentations within this group poses a unique challenge when developing a brief first-line intervention. Individually tailored recommendations can be derived through the combination of wearable technology and self-report, and a growing body of work informing models of sleep disturbance in this group.
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Gerlinger, Thomas, and Rolf Schmucker. "Transnational migration of health professionals in the European Union." Cadernos de Saúde Pública 23, suppl 2 (2007): S184—S192. http://dx.doi.org/10.1590/s0102-311x2007001400008.
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The establishment of the European Common Market has involved the free movement not only of capital and goods, but also of persons and services. The principles of free movement also apply to the health care sector, i.e. they allow for the free incorporation of health care providers and the cross-border delivery of services. Since the 1970s, the European Union (EU) has passed numerous regulations to enforce the mutual recognition of qualifications of physicians, nurses, and other health professionals by the Member States, considered an indispensable precondition for the free movement of services. Thus far, the establishment of a European job market for the health care professions has not led to extensive migration among the EU Member States. Likewise, the accession of Central and Eastern European countries to the EU in 2004 did not cause a "brain drain" to the better-off countries of Western and Northern Europe. However, the mobility among health care professions is expected to increase in the coming years.
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Cremers, Jan. "Free movement of services and equal treatment of workers: the case of construction." Transfer: European Review of Labour and Research 12, no. 2 (May 2006): 167–81. http://dx.doi.org/10.1177/102425890601200205.
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Directive 96/71/EC (the Posted Workers Directive) is the legal framework in Europe for bona fide cross-border work by posted workers. Following fierce debates at the beginning of the 1990s the European institutions adopted this Directive in 1996. The basic purpose of the Directive was to guarantee equal rights to posted workers combined with fair competition for transnational operations, relying on the ‘host country’ principle. A study by the author has shown that national implementation of the Directive after 1996 has been poor. Following enlargement on 1 May 2004 the debate about decent regulation of labour migration and posted and temporary work abroad returned to the agenda. The current discussions on the Services Directive have brought the ‘country of origin’ principle into the spotlight. The political struggle between supporters of decent regulation (and legal application) of labour migration issues and advocates of the free market has entered a new phase.
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Mussche, Ninke, Vincent Corluy, and Ive Marx. "How posting shapes a hybrid single European labour market." European Journal of Industrial Relations 24, no. 2 (May 24, 2017): 113–27. http://dx.doi.org/10.1177/0959680117708374.
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Some scholars argue that intra-EU labour migration improves the allocation of human capital in Europe and that labour mobility is still too low to constitute a single European labour market. Others insist that free movement of labour and services makes employment more precarious and causes wage dumping. Less attention has been given to the origins, destinations and nature of flows of posted workers, partly because data on posting are scarce. We aim to fill this gap by exploring unique posting data for Belgium. We argue that while the free movement of labour and a single European labour market have been policy goals for decades, it is the free movement of services that is shaping a hybrid single European labour market, since high levels of short-term service mobility are more significant than long-term labour migration. This is as much a phenomenon of intra-EU15 mobility as of post-accession mobility, and is set to remain more prevalent than classic free movement of labour.
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Pain, Nigel, and Melanie Lansbury. "Regional Economic Integration and Foreign Direct Investment: The Case of German Investment in Europe." National Institute Economic Review 160 (April 1997): 87–99. http://dx.doi.org/10.1177/002795019716000107.
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The European Economic Community originally came into existence following the Treaty of Rome in 1957. Member states planned to harmonise their tariffs, pursue a common trade policy and liberalise intra-Community trade. All internal customs duties and quantitative restrictions on trade were successfully removed by 1968. However it subsequently became clear that this had not resulted in the full integration of product markets in Europe, with capital movements and trade continuing to be restricted by capital controls and non-tariff barriers. In the mid-1980s the European Commission identified around 300 areas in which legislative action could be taken to help the free flow of goods, services, capital and labour within the community. This led to the Single European Act in 1986 which aimed to complete the internal market by the end of 1992.
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van Leeuwen, Barend. "Euthanasia and the Ethics of Free Movement Law: The Principle of Recognition in the Internal Market." German Law Journal 19, no. 6 (November 2018): 1417–36. http://dx.doi.org/10.1017/s2071832200023099.
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AbstractThe free movement provisions enable EU citizens to follow their own ethical preferences by going to a Member State that has made a different ethical choice from their home Member State. However, UK citizens who have assisted suicide or euthanasia abroad could be criminally prosecuted on their return to England. This possibility of a criminal prosecution constitutes a restriction on free movement. Nevertheless, the free movement provisions have so far not been used to challenge the English prohibition of euthanasia. The aim of this article is to show that, based on its ultimate aim, free movement law does have a legitimate role to play in ethical issues. The internal market is based on a principle of recognition, which forces Member States to engage with regulatory choices made by other Member States. This also applies to ethical issues. Member States are not required to justify the existence of different ethical choices. However, if they decide to restrict free movement, they have to be able to show that these differences in fact exist. This approach achieves a balance between the right of citizens to make their own ethical choices, and the ability of Member States to protect their legislation on ethical issues.
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McDonald, Frank. "The Implications for Government of the Free Movement of Goods, Services, Capital and Labour." Public Policy and Administration 6, no. 1 (March 1991): 51–61. http://dx.doi.org/10.1177/095207679100600107.
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