| Abstract [eng] |
This text provides comparative analysis of the EC provisions, establishing the terms of the free movement of goods and freedom to provide services, as well as of jurisprudence of the European Court of Justice and doctrine of EC law, revealing the differences and similarities of the legal content of the relevant freedoms. The first chapter of the text describes the nature, aim and legal content of the free movement of goods and freedom to provide services followed by the examples from the case-law, which illustrate the distinction of the freedoms considered. The second chapter introduces the comparative analysis concerning the conditions of the territorial scope of the EC Treaty provisions on the free movement of goods (Article 28) and freedom to provide services (Article 49) as well as persons bound by the latter rules. The third chapter deals with the topical issues in respect of the restrictions of the relevant freedoms, in particular the nature and scope of the barriers, adopted by the Member States. The fourth chapter of the text focuses on the justification of the freedoms, in particular on the EC Treaty exceptions, judicially created exceptions as well as the principle of proportionality and the application mechanism of the latter in the comparative manner of the freedoms. Finally, the fifth chapter provides the brief introduction of the harmonisation measures as much as they concern with the implementation of the relevant freedoms, particularly Directive on technical standards and regulations (1998) and Service Directive (2006). This comparative analysis concludes that the free movement of goods and freedom to provide services under EC law are similar to each other because of their legal content, nature and scope of the effect as well as the same purpose they are based on and common principles applicable, such as direct effect, mutual recognition, prohibition of discrimination and non-discriminative measures, possibility of justification of the restrictions, compatibility of proportionality and necessity. |
