:

The British university in Egypt

Module code:23FLIL02I
Student: Arwa Mahmoud Mezar
Law student
ID:228426

Module: Eu law

Under the supervision: Dr Alex Atansof

And Dr Laila
Year 2023/2024
Semester one

1
Introduction:
The CJEU is the most supernational court in terms of history, reason is that it has a very
close status to the Domestic constitutional courts1,
Just like any court, The CJEU also had the assistance of many contextual Factors during its
development. These factors also aided the court in having its immense authority and its
evolvement, And the factors are the following: governmental context, constitutions context,
geopolitical context, The ECJ gained a lot of advantage from the geopolitical context during
its association to the contrive in Europe s regional integration; Also, in the essence of the
courts' early jurisdiction, which centralized on adjudicating disputes relevant to the European
Communities single market 2.
In order to make the single market the European court of justice had made freedoms
Free movement of capital:
Directive 88 /361:
Article 65 (1) (a), it permits the member states to differentiate between nonresidents'
taxpayers or residents in regard to issues of taxation, TEFU, however is strictly inferred by
the court, specifically as equivalence is concerned3.
Article 65 (1) (b) TEFU, includes the accustomed goals of both public policy and security, that
could justify restrictions , and is alike to the aims specified in Article 36, 45 (3) and 52 TEFU,
more over it signifies that restriction could be justified in order to avoid infringements of
national law and regulations , especially in the field of taxation and prudential supervision of
economic institution, and to requisite assertion of capital movement for the grounds of
administrative or statical information4.
And other restrictions such as, Article 64 TEFU which allows Member states to conserve
restrictions that already flourished on 31 December 1993 (Grandfather), Second article 64
(2),(3) and article 65 (a) TEFU, allowed specifically and EU, to acquire measures to capital
1
RDaniel Kelemen, ‘THE COURT OF JUSTICE OF THE EUROPEAN UNION IN THE TWENTY-FIRST
CENTURY’ (2016) 79 THE COURT OF JUSTICE OF THE EUROPEAN UNION IN THE TWENTY-FIRST
CENTURY 117, XXXX <https://www.jstor.org/stable/43920647?seq=2>.

2
Kelemen, R. D. (2016). THE COURT OF JUSTICE OF THE EUROPEAN UNION IN THE
TWENTY-FIRST CENTURY. Law and Contemporary Problems, 79(1), 117–140.
http://www.jstor.org/stable/43920647

3
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017),pp. 376-391,pp5 < https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.28>.
4
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017),pp. 376-391,pp5 < https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.28>.

2
moments with third countries, thirdly, Article 66 TEFU, which is concerned with seeking the
council approval about taxation concerning third countries, And finally, Article 66 TEFU, which
allows the council on a proposal from the commission, to take protection measures in notable
circumstances after the consultation of the European central Bank where movement of
capital from or to third countries, could cause a threat or cause difficulty in monetary union
performance 5.

Free movement of services:

The CJEU enhanced the free movement of services progressively, it also developed the
abstraction of service in the treaties which all economic exertion that are not enclosed by
other freedom and in exchange given remuneration, this definition concerns the question,
what can be considered an economic activity for remuneration6?
What permits an economic activity is that the provider of the service, must receive a form of
consideration, and it doesn’t mean that individual who acquire the service have to be
compensated by him, but it can be done by a third part like the state, public services that
the states pay for can be classified as services as well as public insurances, as long as the
service is legal and provided numeration for, according to case law it deals with activities
where a consent should be given like abortion and prostitution7.
Students can't depend on Article 46 TEFU, since their relation is far away with the abortion
clinic, Due to the acceptance of abortion as a medical service for receiving remuneration, and it
is a service authorized in many member states, and it came up with a political solution without
limiting the scope of article 56, a treaty protocol was assimilated to bestow protection to the Irish
ban on abortion in defiance of free movement8.
and it is laid down in article 56 and 57, and article 56 stated that " all restrictions on
freedom to provide services are unauthorized within the union in respect of member states

5
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017),pp.6< https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.28>.
6
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017),pp. 376-391,pg1,3 < https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.28>.
7
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017),pp. 376-391,pg3 < https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.28>.
8
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017),pp. 376-391,pg4 < https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.28>.

3
residents (nationals), who are settled in a member state, unlike the person for who these
services are aimed"9.
And article 57 stated that" the context of services doesn’t fall outside the scope of its
meaning within the treaties, and are given for remuneration, but provisions that are
associated with freedom of goods, capital and movement of persons do not govern them,
and in order for the person to be able to provide service, he should temporarily peruse his
activity within the member state where the activity is provided, under the same conditions
imposed by that state or its own nationals"10.
Free movement of persons:
The free movement of persons evolved considerably since its origin in 1957 (Treaty of
Rome), from the beginning free movement of persons was only focused on workers and
economically energetic people, then the realized that in order to make free movement of
persons efficient, they should grant rights to the workers family, the definition of worker was
introduced by the GJEU in Lawrie Blum case, in order for a person to be considered a
worker he has to perform services for a settled amount of time for an individual and under
his supervision an in return for the service he receives numeration11.
Article 45 TEFU stated that " free movement for workers shall be safeguarded within the
union, and it will involve the dissolution of any discrimination on the basis of nationality
between workers of member states regarding as remitment, occupation and other
circumstances of work, it shall carry on the rights, conditional to justifiable limitations on
grounds of public policy, safety and health12:
Take over offers of employment literally made, and for this cause move freely within the land
of the members state, in accordance to the provisions of the member states that governs
the employment of residents, which is laid down by law regulation and administrative
measures, to stay in the states territory after being employed in that state in accordance
with the conditions of this employment13.

9
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017),pp2< https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.28>.
10
The European single market, ' Commentary on The European single market'(The European single market
,22 Feb 2019), pp 2< https://ukandeu.ac.uk/the-european-single-market/>accessed date December 11,
2023.
11
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017), pp. 354-364 <https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.26>
12
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017), pp. 354-364 <https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.26>
13
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017), pp. 354-364 <https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.26>

4
Accordinf to article (21) TEFU "every citizen of the union has the right to reside and move
freely in the territory of the member state tentative on the restraints and limitation stated in
the treaties, the measures are carried in Directive 2004/3814.
Directive 2004/38:
This directive deals with the resident and movement rights, by stating in article (5) and (6),
article (5) includes that only member states may have valid identity card or passport, but
there are no other procedures or documents upon entry15.
According to Article (7) in Directive 2004/38 " grants the right of residence for specific
people to more than three months, "self employed workers in the host member state, or
have enough resources for both themselves and their family and also have overarching
complete sickness insurance, and students who have complete sickness insurance, and
their family members are not impediment on the social aid system16.
Article 24(2) of the directive 2004/38, social assistance is given to the Eu citizens in the first
Three months, and for six months for both students and job seekers, this restriction
prevents the union citizens from moving to another state and then ask for social assets, this
would lead to weakening to social national security17.
Free movement of goods:
Goods make up 70% of the European economy, when the treaty of movement of persons
was developed, goods created the fundamental focus, the CJEU clarified goods as any
product that can be valued in money, and has the potential to form subject of commercial
transaction18.
According to article 110(1) TFEU, decided that, no member state is allowed to grandiose
indirectly or directly, on member state products, any interior taxation of any variety in spare
of that forced directly or indirectly on common domestic products19.

14
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017), pp. 354-364 <https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.26>.
15
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017), pp. 354-364 <https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.26>.
16
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017), pp. 354-364 <https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.26>.
17
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017), pp. 354-364 <https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.26>.
18
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017), pp. pp. 326-344 < https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.24>.

Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
19

Aspects'(2017), pp. pp. 326-344 < https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.24>.

5
The European single market:
The European single market is known as the trading area in the EU, where the trade
barriers are undone, but it is seen by the European commission as " one territory without
any obstacle regulations or national barriers in order to achieve the free movement of
services and goods"20, it can be also defined as " an area without interior frontiers in which
the free movement of goods, persons, services and capital are guaranteed"21.
The strong matures of the single market had many advantages for example, it aligned the
standards and harmonization of the treaty of Rome, it gave up unguaranteed ambitions for
finalized harmonization and standardization, it also evacuated a space for examination and
local differences, in particular it was realistic, further development have potential to build on
the single market due to its creation in an executable form22.
Powers:
Directive effect:
Requires the member states to guarantee the calculated outcomes, but they ignore the
discretion of how these outcomes are accomplished in order for Member states to transport
these directives into residential legal codes in a way reliable with their legal systems, the
advantage of this rule that it makes the passthrough of legislation not difficult in an easy
manner23.
Critiques about the single market approach:
The disadvantages of the single market approach can be seen clearly , that the rates of
interest will be concentrated entirely in EU countries for example a country is suffering from
a downfall in its economic exercise, but the other countries keep on rising in its economic
development , the European central bank may be able to solve this issue, but that would
result in damaging the progress of the country, another disadvantage is that, the different
effects that different countries have that resulted from having a single market policy even if
the countries are conforming with the rules for example the UK is more reliable on mortgage
renting , due to its large consume rate number of people having their own house , this may
lead to the UK of having different effect from other countries, the occurrence of exterior
economic shocks , and the best example for this , the continuous uprising prices of oil ,

20
The European single market, ' Commentary on The European single market'(The European single market
,22 Feb 2019), pp 3-4< https://ukandeu.ac.uk/the-european-single-market/>accessed date December
11, 2023.
21
Catherine Barnard, Steve Peers, European Union law, (second edition, Oxford University Press,2017),
pp400 <www.oxfordtextbook.co.uk/orc/barnard_peers2e/>.
22
Catherine Barnard, Steve Peers, European Union law, (second edition, Oxford University Press,2017),
pp399<www.oxfordtextbook.co.uk/orc/barnard_peers2e/>.
23
Iain Begg, 'Commentary: The Single Market', (1998),(164),( National Institute Economic Review),pg.(2),pp. 7-
10 (4 pages)< https://www.jstor.org/stable/23872457>.

6
 leads to affecting different countries in different ways depending om how much they rely on
oil24.
Taking the approach of a single currency in the economic union may lead to the transition of
costs in a short term, that fade immediately once a new currency is completely establish, for
demonstration money has to be reprinted and old money must be withdrawn, the vending
machines should be customized to take new coins, and multicultural exchange department
could condense in size in a few economic institutions25.
Constitutional Criticisms:
The single market effects the states by putting chackles on its diversity , which is the core of
competitive federalism in the EU, Where states compete with each other in order to allure
the highest skilled migrants, so there is no reason in giving the Eu to authorization to middle
in rules approved by state governments , it is feared that the market approach may have the
strongest matches to dive deeper into national systems, for example in Viking and Laval,
the court made use of the market access approach by declaring a charged action , which
was legitimate under national law ( articles 49, 56 TEFU)26.
Legal and economic criticisms:
The phrases of access and restriction are basically imprecise, and there are interpretations
for it which are the following:
First, the leanest is that barriers that gives access to the market are manufactured by
legislations or situations that make it more expressive for people to enter a specific job or
profession, there rules might require the need to enroll on a local bar, and when a person
already registers in his or her state home, these kind of rules can be regarded as
indiscriminate, secondly the tensive interpretation , in the single market approach any
regulation can be seen as possible barrier to access the market, since any regulation
enforce compliance costs, this approach was vey clear in the field of taxation, the court was
often close to confirming that a high tax rate in another member state constitutes an
obstacle to the free movement of people, this kind of rule results in breaching the treaty, and
it was clear that its justification was challenging because economic justification are not
acceptable27.

24
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017),pp. 376-391,pp5 < https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.28>.
25
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017),pp. 376-391,pp5 < https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.28>.
26
Catherine Barnard, Steve Peers, European Union law, (second edition, Oxford University Press,2017),
pp400 <www.oxfordtextbook.co.uk/orc/barnard_peers2e/>

27
Catherine Barnard, Steve Peers, European Union law, (second edition, Oxford University Press,2017),
pp400 <www.oxfordtextbook.co.uk/orc/barnard_peers2e/>.

7
 Improving the single market:
The single market can be improved by getting rid of converting currencies charges, the
conversion between currency has cost for both people and companies, and the best
solution for this is a single currency for abolishing costs, second there should be
transparency in increased prices , comparing the prices in diverse currencies is very
challenging , Meanwhile comparing it in the same currency is forward and direct, this could
help companies in lowering cost and find easily the inexpensive product , thirdly a single
currency may help in boosting the competitive federalism as there is a higher transparency
in costs , the should assist by boosting the efficiency , as firms are obligated to remain in
rivalry (increasing opposition and efficiency),fourth, the euro is considered to be one of the
most prominent world currencies, this can build up the potential of increasing interior
investment from the world to Europe, fifth , there are problems that can occur while trading
with other countries, one of them is that there is no settled rate , and one can never know
how the exchange rate will sift , this sort of unpredictability may cause a hindrance to trade,
a single currency can solve this28.

Bibiolography
 Catherine Barnard, Steve Peers, European Union law, (second edition, Oxford University Press,2017),
pp400 <www.oxfordtextbook.co.uk/orc/barnard_peers2e/>.
 Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017), pp. 354-364 <https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.26>

28
Armin Cuyvers,' East African Community Law: Institutional, Substantive and Comparative EU
Aspects'(2017),pp. 376-391,pp5 < https://www.jstor.org/stable/10.1163/j.ctt1w76vj2.28>.

8
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