Questions on Eu Law Essay Example | Topics and Well Written Essays - 2000 words

Questions on Eu Law - Essay Example Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 48, under the conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the provisions of the chapter relating to capital. On the other hand, Article 49 of the EC Treaty reads as follows: Within the framework of the provisions set out below, restrictions on freedom to provide services within the Community shall be prohibited in respect of nationals of Member States who are established in a State of the Community other than that of the person for whom the services are intended. The Council may, acting by a qualified majority on a proposal from the Commission, extend the provisions of the Chapter to nationals of a third country who provide services and who are established within the Community. The fundamental difference between the freedom of establishment and the freedom to provide services with respect to nationals of an EU member state working in another EU member state is that the former contemplates â€Å"permanent installation† in order to pursue an economic activity, whilst freedom to provide services means the freedom simply to perform services for profit without the primary place of business being in the country where the services are being performed. However, both freedoms require that the country in which the services are being rendered impose no discrimination on the individual and furthermore, that the authorities and the courts country in question amend its domestic legislation and policies so that it conforms to the treaty standards. A key... The fundamental difference between the freedom of establishment and the freedom to provide services with respect to nationals of an EU member state working in another EU member state is that the former contemplates â€Å"permanent installation† in order to pursue an economic activity, whilst freedom to provide services means the freedom simply to perform services for profit without the primary place of business being in the country where the services are being performed. However, both freedoms require that the country in which the services are being rendered impose no discrimination on the individual and furthermore, that the authorities and the courts country in question amend its domestic legislation and policies so that it conforms to the treaty standards. A key distinction is that there must be a contribution to the economic life of the host state, in the case of established persons. As stated in the case of Gebhard â€Å"The concept of establishment within the meaning of the Treaty is therefore a very broad one, allowing a Community national to participate, on a stable and continuous basis, in the economic life of a Member State other than his State of origin and to profit therefrom, so contributing to economic and social interpenetration within the Community in the sphere of activities as self-employed persons.† If there is no such participation, or if the participation is not on a stable and continuous basis, then it cannot be said that establishment attaches.