Chapter

Prohibiting obstacles to free movement

Robin C. A. White

in Workers, Establishment, and Services in the European Union

Published in print July 2004 | ISBN: 9780198267768
Published online March 2012 | e-ISBN: 9780191683367 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198267768.003.0010

Series: Workers, Establishment, and Services in the European Union

Prohibiting obstacles to free movement

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The principle of national treatment has been expanded in the case law of the Court of Justice not only to include acts of indirect discrimination, but also to apply similar principles to the free movement of persons that the Court has applied to the free movement of goods. In this way, obstacles which apply equally to nationals of the host State and nationals of other Member States may be challenged for compliance with the underlying purpose of the provisions on the free movement of persons. This chapter explores the concept of non-discriminatory obstacles and the distinction between the prohibition of discrimination on grounds of nationality and the prohibition of obstacles to access the market of other Member States. It argues that the former is primarily concerned with granting individual rights, whereas the latter is primarily concerned with controlling the regulators of activities.

Keywords: Court of Justice; discrimination; free movement; nationality

Chapter.  9262 words. 

Subjects: EU Law

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