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Belgrade Law Faculty
Master-Course
Human Rights and Non-Discrimination
Liberty of Movement
Prof. Thomas Fleiner
Treaty on the Functioning
Of the EU (TFEU
ARTICLE 26 TFEU
1. The Union shall adopt measures with the
aim of establishing or ensuring the
Functioning of the internal market, in
accordance with the relevant provisions of
the Treaties.
Diversity of Economic Rights
Liberty of Contract EC 16
Liberty of Commerce EC 16
Liberty of Economic Activity EC 16
Property EC 17
Professional Freedom EC 15
Relation to EHRC: Prohibition of forced
labor, Protocol 1: property
Access to Education and continuous educ.
EC 14
Protection against unreasonable
dismissal EC 30
Liberty of Companies EC 16
Diversity of Social Rights
Equality before the law EC 20
Non-Discrimination EC 21
Children, elderly and disabled EC 24/5/6
Social Security and Social assistance
EC 34
Housing (EC 34) Health Care (EC 35)
Access to Services of general econoMic interest (EC 36)
Environmental Protection (EC 37)
Four Freedoms of the EU:
TFEU
Treaty Functioning EU
Freedom of movement of:
•Persons: 45-55 TFEU Schengen
Including Freedom of Establishment
(49-55 TFEU) Bosman
•Services: 56 – 62 TFEU Bosman
•Goods: 28-37 TFEU Products
Cassis de Dijon
•Capital and payments:
63- 66 TFEU Euro?
Free Competition
Definition: Competition arises when firms
Fight for customers by offering them a
Better deal in terms of price, quality,
Range, reliability or associated services.
Adam Smith: Wealth of nation just repartition of wealth with market freedom guaranteed by th “invisible hand”
Competition: prices low, reduces costs and
enhances quality
Problems of free competition
Pareto equilibrium: Have an outcome in
Which no one can be better off without
Making someone else worse off.
To avoid: Monopolies, no distortion due
To asymmetric information, absence of unCompensated externalities
Externality benefit: education, security,
Infrastructure, health services etc.
Externality cost: pollution, damage to the
environment
Marx’s Concept
Prices for goods: Market and Demand
But not: Costs of Production
Salaries for Workers: Market and Demand
But not: Needs of Workers
Problem: who defines the need? The
Power of the one who defines the need
How to regulate economy
Protection of consumers
Protection of workers labour law –
Minimum wages
Market: Reduction of offer, miniprices on the market, reduction of
demand
Prohibition of monopolies guarantee of
Free competition
Basic Limits of
Economic Freedom
EC 52 par 1
Law and legislation respect of the
Essence of the rights
Public interest: objectives of the EU
Necessary for the protection of the
Rights and freedoms for the others
e.g. Consumer Protection
Proportionality
Property
Limits to property
Legislation
Public Interest
Proportionality / Rationality?
Public interest and expropriation