The Scope of the Prohibition of Non-discriminative Restrictions under the Article 39 of the Treaty Establishing the European Community
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Abstract
Various legal authors mainly agree that free movement of workers under article 39 of the EC treaty is not compatible with restrictions that create obstacles for migration of workers in the Community, even though they are non-discriminative.
The author follows the position that a very broad interpretation of prohibition of non-discriminatory restrictions could determine stretch of authority under the EC Treaty. Therefore the author of this work claims to define the scope of application of the prohibition in free movement of workers.
Although the ECJ recognized the incompatibility of nondiscriminatory restrictions with article 39 of the EC Treaty in Bosman case (1995), however, the Court has never defined the scope of application of such restrictions.
Aiming to define the scope of prohibition of nondiscriminatory restrictions, the author focuses on the ruling of ECJ in Keck case (free movement of goods), because she considers that the principles of interpreting the freedoms of internal market, defined by ECJ, should mutatis mutandis obtain in free movement of workers as well. Therefore the author seeks an equivalent of “certain selling arrangements” in free movement of workers and aims to identify the national rules that could be removed from the scope of application of the article 39 of the EC treaty.
The author follows the position that a very broad interpretation of prohibition of non-discriminatory restrictions could determine stretch of authority under the EC Treaty. Therefore the author of this work claims to define the scope of application of the prohibition in free movement of workers.
Although the ECJ recognized the incompatibility of nondiscriminatory restrictions with article 39 of the EC Treaty in Bosman case (1995), however, the Court has never defined the scope of application of such restrictions.
Aiming to define the scope of prohibition of nondiscriminatory restrictions, the author focuses on the ruling of ECJ in Keck case (free movement of goods), because she considers that the principles of interpreting the freedoms of internal market, defined by ECJ, should mutatis mutandis obtain in free movement of workers as well. Therefore the author seeks an equivalent of “certain selling arrangements” in free movement of workers and aims to identify the national rules that could be removed from the scope of application of the article 39 of the EC treaty.
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Articles
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