Webcasts: Basic Notions I
1. Discrimination: an unequal treatment of comparable situations for
a specific reason.
2. Direct discrimination: identifying the ground of which the
discrimination is based by simply reading the wording of the
measure under scrutiny. We would find the very origin of a product
back in the wording of the measure that we look at.
3. Indirect discrimination: If the measure we are looking at does not
literally use the origin. The measure does not, at first sight,
distinguish according to the origin of a product. Yet, in real life it has
eventually the same effect as the measure required to make a
distinction based on the origin of a product.
4. Objective differentiation: Two situations that are treated
differently remain different even if we exclude all forbidden grounds
as possible elements that can define these situations as being
different. So, a different treatment is possible, cause the situations
are different.
5. Non-discriminatory restriction:
- If a measure does not treat two comparable situations differently
- Neither directly in its wording
- Nor indirectly by affecting one situation less favourable than the
other.
These are measures that violate EU internal market law.
Webcasts: Basic Notions II
1. Exception: that whatever falls under it is located outside the scope
of EU law. So, a proportionality test is not needed. (example; article
45, par 4 TFEU).
2. Exemption: if exempted, measure is no violation of EU internal
market law.
3. Justification: if permitted for justification, a measure must meet
the requirements of the proportionality test. Can the measure rely
on:
- Explicit justification grounds (par. In treaty), or;
- Mandatory requirements: unwritten justification grounds that a
MS can also rely on under special conditions.
Only after the objective is declared admissible for justification by EU law,
we van continue with the proportionality test.
4. Explicit justification grounds^
5. Mandatory requirements^
6. Proportionality: something must be proportion in relation to
something else. It describes the relation between two items: The one
item is the measure under scrutiny and the other item is the
benchmark (EU law, a fundamental freedom or a prohibition of
discriminations) against which the proportionality of the measure is
tested. Proportionate or not?
- Is the measure suitable to achieve the objective it invokes?
- Is the measure necessary to attain this objective?
1. Discrimination: an unequal treatment of comparable situations for
a specific reason.
2. Direct discrimination: identifying the ground of which the
discrimination is based by simply reading the wording of the
measure under scrutiny. We would find the very origin of a product
back in the wording of the measure that we look at.
3. Indirect discrimination: If the measure we are looking at does not
literally use the origin. The measure does not, at first sight,
distinguish according to the origin of a product. Yet, in real life it has
eventually the same effect as the measure required to make a
distinction based on the origin of a product.
4. Objective differentiation: Two situations that are treated
differently remain different even if we exclude all forbidden grounds
as possible elements that can define these situations as being
different. So, a different treatment is possible, cause the situations
are different.
5. Non-discriminatory restriction:
- If a measure does not treat two comparable situations differently
- Neither directly in its wording
- Nor indirectly by affecting one situation less favourable than the
other.
These are measures that violate EU internal market law.
Webcasts: Basic Notions II
1. Exception: that whatever falls under it is located outside the scope
of EU law. So, a proportionality test is not needed. (example; article
45, par 4 TFEU).
2. Exemption: if exempted, measure is no violation of EU internal
market law.
3. Justification: if permitted for justification, a measure must meet
the requirements of the proportionality test. Can the measure rely
on:
- Explicit justification grounds (par. In treaty), or;
- Mandatory requirements: unwritten justification grounds that a
MS can also rely on under special conditions.
Only after the objective is declared admissible for justification by EU law,
we van continue with the proportionality test.
4. Explicit justification grounds^
5. Mandatory requirements^
6. Proportionality: something must be proportion in relation to
something else. It describes the relation between two items: The one
item is the measure under scrutiny and the other item is the
benchmark (EU law, a fundamental freedom or a prohibition of
discriminations) against which the proportionality of the measure is
tested. Proportionate or not?
- Is the measure suitable to achieve the objective it invokes?
- Is the measure necessary to attain this objective?
