Belgrade Law FacultyMaster-Course

Human Rights and Non-Discrimination

Liberty of Movement

Prof. Thomas Fleiner

ARTICLE 26 TFEU1. 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.

Treaty on the FunctioningOf the EU (TFEU

Diversity of Economic Rights

Liberty of Commerce EC 16

Liberty of Economic Activity EC 16Property EC 17Professional Freedom EC 15Relation to EHRC: Prohibition of forcedlabor, Protocol 1: propertyAccess to Education and continuous educ. EC 14

Protection against unreasonable dismissal EC 30

Liberty of Companies EC 16

Liberty of Contract 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 assistanceEC 34

Housing (EC 34) Health Care (EC 35)

Access to Services of general econo-Mic interest (EC 36)

Environmental Protection (EC 37)

Four Freedoms of the EU:TFEU

Treaty Functioning EU

Freedom of movement of:

•Services: 56 – 62 TFEU Bosman

•Goods: 28-37 TFEU Products Cassis de Dijon

•Capital and payments: 63- 66 TFEU Euro?

•Persons: 45-55 TFEU Schengen Including Freedom of Establishment(49-55 TFEU) Bosman

Free Competition

Definition: Competition arises when firmsFight for customers by offering them a Better deal in terms of price, quality, Range, reliability or associated services.

Adam Smith: Wealth of nation just repar-tition of wealth with market freedom gua-ranteed by th “invisible hand”

Competition: prices low, reduces costs andenhances 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 dueTo asymmetric information, absence of un-Compensated externalities

Externality benefit: education, security,Infrastructure, health services etc.

Externality cost: pollution, damage to theenvironment

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? ThePower 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, mini-prices 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 EUNecessary for the protection of theRights and freedoms for the otherse.g. Consumer Protection

Proportionality

Property

Limits to property

Public interest and expropriation

Legislation

Public Interest

Proportionality / Rationality?