Chapter

Freedom of Establishment and the Free Movement of Services

Stephen Weatherill

in Cases & Materials on EU Law

Edition 12

Published on behalf of © Stephen Weatherill 2016

Published in print May 2016 | ISBN: 9780198748809
Published online September 2016 | e-ISBN: 9780191811449 | DOI: https://dx.doi.org/10.1093/he/9780198748809.003.0014
Freedom of Establishment and the Free Movement of Services

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Article 49 of the Treaty on the Functioning of the European Union (TFEU) prohibits restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State, while Article 56 prohibits restrictions on freedom to provide services within the Union in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services are intended. This chapter examines the scope of the freedom of establishment and the free movement of services under Articles 49 and 56 of the TFEU, and also discusses the application of the principle of non-discrimination and the limits of the non-discrimination approach to market integration. In addition, it looks at cases dealing with company law, collective labour action, and health care provision, and concludes by considering the role of legislative harmonization in ensuring freedom of movement.

Keywords: Article 49; TFEU; freedom of establishment; Article 56; services; European Union; legislative harmonization; freedom of movement; non-discrimination; market integration

Chapter.  23604 words. 

Subjects: EU Law

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