Abstract [eng] |
The Master's thesis analyses the scope and limits of the free movement of services and goods, examining the relevant primary and secondary legislation of the European Union, the doctrine of foreign legal scholars, and the case-law of the European Court of Justice. The work examines the legal regulation of the free movement of goods and services, defining the scope of the freedoms. It also examines the concept of the single internal market of the European Union. The concepts of "goods" and "services" and the objects of the regulation of these freedoms are presented in the light of the case law of the TFEU and the CJEU. Quantitative restrictions on imports and exports and measures having equivalent effect to quantitative restrictions are discussed. It distinguishes between directly and indirectly discriminatory measures, discussing the fundamental differences between the two concepts. The impact on private operators of the horizontal provisions of the TFEU regulating the free movement of services is examined. The freedom of free movement of services is compared with the freedom of establishment, identifying the links and differences between these freedoms. The legal background to the Services Directive 2006/123/EC and its problems are discussed. The work then goes on to discuss the exceptions to restrictions on the movement of goods and services, distinguishing between the grounds for restrictions in the case of directly discriminatory and indirectly discriminatory measures. The impact of the health crisis COVID-19 on the services and goods sectors in the European Union is highlighted in particular. The measures taken by the European Union to ensure the exercise of these freedoms are examined. The paper concludes that the freedoms of movement of goods and services are still subject to certain interpretations of historical CJEU judgments, which have established key regulatory aspects in the context of the scope and limitations of the freedoms in question. |