- •Introduction
- •Reading Comprehension and Vocabulary Work
- •Common and internal markets
- •Development of eu law
- •1. Churchill's Speech
- •2. Marshall Plan - oeec
- •Reading Comprehension and Vocabulary Work
- •The Treaty on European Union or Maastricht Treaty (eu Treaty)
- •The European Economic Area (eea) and the European Free Trade Association (efta)
- •The Treaty of Amsterdam
- •The Treaty of Nice
- •The European Convention on the Future of the European Union and the Draft Constitution
- •The Treaty of Lisbon
- •Speaking
- •It must be noted that the principle of subsidiarity and the principle of proportionality also apply to the exercise by the institutions of the powers conferred upon them by the Treaties.
- •Reading Comprehension and Vocabulary Work
- •Supremacy of the eu law
- •Fundamental features of union law
- •Reading Comprehension and Vocabulary Work
- •Member states' liability for breach of union law
- •Vocabulary Note:
- •Sources of union law
- •Application of National and International Law by the European Courts
- •Application of Union Law by the National Courts
- •Direct effects doctrine
- •Direct effect of union rules
- •Speaking
- •The free movement of goods
- •Reading Comprehension and Vocabulary Work
- •Exceptions to the Free Movement of Goods
- •Technical Standards
- •Exceptions to the Free Movement of Goods
- •Theory and Reality of the Free Movement of Goods
- •Rights of residence in the eu
- •1. Introduction
- •2. The free movement of citizens
- •3. Schengen arrangements
- •4. The free movement of workers
- •Reading Comprehension and Vocabulary Work
- •The Schengen acquis
- •Vocabulary Note:
- •Students
- •Free movement of workers, the self-employed and their families
- •Vocabulary Note:
- •Free movement exceptions
- •In Article 45(4) of the tfeu. Employment in the "public service" of member states is
- •Right of establishment - professionals
- •Vocabulary Note:
- •Legal services
- •Speaking
Vocabulary Note:
Cassis formula - The Cassis de Dijon Principle in the EU. The Cassis de Dijon Principle belongs to the cornerstone of the EU internal market and refers to a decision of the European Court of Justice (ECJ) of 1979. At that time the German Federal Monopoly Administration for Spirits had prohibited the importation of a French red currant liqueur (cassis from Dijon), because it did not meet the German regulations in regard to the alcohol content. A lawsuit was brought, which the importer finally won.
The ECJ stated that the limitation of the free movement of goods could only be permitted in exceptional cases, for example in order to protect the health of the public, to protect the consumers or if a general public interest existed. However, these conditions in regard to the alcohol content for liqueurs were not met, which is why the product had to be allowed into Germany without hindrance.
The Cassis de Dijon Principle consequently stipulates that the member states mutually recognise each of their regulations, as long as no generally binding EU regulations exist. Accordingly, goods that have been legally manufactured and marketed in one member state (EU/EEA), may as a matter of principle also be sold in all other member states without additional controls
Exercise 9. Read the text and choose the synonym in each bracket that better fits the context. Then discuss in pairs why lifting restrictions on the freedom to provide legal services in the EU was such a daunting task.
Legal services
Considerable (difficulty/challenge/problem/predicament) has been (met/bumped into/run across/encountered) in lifting restrictions within member states on the freedom to provide legal services. For example, within the legal profession there may be only a small amount of (preparation/training/education/studying) or required knowledge held in common by a “lawyer” from a civil law jurisdiction (e.g., an avocat from France) and a “lawyer” from a common law jurisdiction (e.g., a solicitor from England). (Consequently/As a result/Therefore/Thus), the initial directive relating to lawyers’ services took a delicate approach to the (issue/problem/dilemma/question) of freedom to temporarily provide legal services in other member states and stopped short of (dealing/coping/handling/facing) with a right of establishment.
The 1977 directive allows a lawyer from one member state, under that lawyer’s national title (e.g., abogado, rechtsanwalt, barrister), to provide services in other member states. This (incorporates/contains/includes/encompasses) the right to appear in court without co-counsel unless representation by counsel is (required/mandatory/obligatory/necessary) under national laws. Once retained, a local lawyer need not actually (conduct/run/carry on/proceed) the litigation. It is sufficient that the local attorney is retained to “act in conjunction with” the proceedings. But the legal services directive cannot be used so as to (bypass/escape/avoid/circumvent) national rules on professional ethics, particularly where a dual nationality lawyer has been disbarred and then moves to another state.
Directive 77/249 gave rise to lawyer identity cards issued under the auspices of Commission Consultative des Barreaus Européans (C.C.B.E.), which was charged to (suggest/propose/offer/put forward) a specific directive about a right of establishment for lawyers. However, the mutual recognition of diplomas (accomplished/achieved/gained/obtained) in Council Directive 89/48 applies to lawyers. The maximum adaptation of training period allowed under this directive is three years. In 1977, the long-awaited right of establishment was adopted. It (reflects/reverberates/mirrors/resounds) much of the prior law, but makes it easier (than under the diploma directive) to join the local bar after three years of sustained practice in the host state.
Vocabulary Notes:
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to stop short (of) – остановиться (перед, не дойдя), не дойти (до)
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to be retained – (об адвокате) быть нанятым, приглашенным
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to circumvent national rules – обойти внутригосударственные нормы / правила
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under the auspices (of) – под эгидой, покровительством
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Commission Consultative des Barreaus Européans (C.C.B.E.) – Консультативная комиссия при Европейской коллегии адвокатов (C.C.B.E.)
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sustained practice – стабильная, непрерывная, постоянная практика