EU Internal Market: Phases, Principles, and Free Movement Rights
The EU Internal Market: Phases and Principles
Phases of Economic Integration
The process of EU economic integration follows distinct phases:
- Free Trade Zone: Elimination of tariffs between Member States (MS).
- Customs Union: Adds a common external tariff.
- Common Market: Ensures free movement of goods, persons, services, and capital.
- Economic Union: Coordinates economic policies.
- Economic Integration: Deepest level, often leading to political integration.
Historical Evolution of the Internal Market
- 1957 Treaties:
Fundamentals of Legal Systems and Jurisprudence
Law: Definition and Purpose
- Definition: Recognized, legitimate, and mostly codified standards binding a community.
- Characteristics:
- Universal: Applies to everyone in the jurisdiction.
- Coercive: Enforceable through institutions.
- Open: Accessible and understandable to those subject to it.
- Functions of Law:
- Order: Maintains public, political, social, economic, international, and moral order.
- Conflict Resolution: Provides peaceful ways to resolve disputes.
- Rights Protection: Secures individual and collective
The Treaty of Waitangi: Motivations, Drafting, and Legal Interpretation
Māori Motivations for Signing the Treaty
- Protection from unruly settlers and lawlessness.
- Protection from unfair private land purchases.
- Stopping fighting between tribes.
- Guarantee of trading relations with Britain.
These motivations failed to deliver.
Crown Motivations for Signing the Treaty
- Colonial competition with the French.
- Financial motives (trade in whales, seals, timber, flax).
- The 1835 Declaration of Independence.
During the time of Cook’s rediscovery of NZ (1769–1830s), Britain was not interested
Functions and Regulatory Scope of the National Land Transport Institute
Article 23: Duties of the National Institute of Land Transportation
The National Institute of Land Transportation is responsible for the following duties:
- Planning and implementation of institutional strengthening programs for the land transport sector.
- Maintaining the National Land Transport Register.
- Registration, issuance, renewal, and monitoring of motor vehicle driving licenses at the national level, across all grade levels and categories.
- Registration, issuance, and control of professional qualifications
Luigi Ferrajoli’s Formal Definition of Fundamental Rights
Item I: Definition of Fundamental Rights
1. Ferrajoli’s Formal Definition
Luigi Ferrajoli proposes a theoretical definition, purely formal or structural, of fundamental rights. Fundamental rights are defined as all those subjective rights that are universally attributed to all human beings as endowed with the status of persons, citizens, or persons with capacity to act.
In this context, the key terms are defined as follows:
- Right: Any positive expectation (of performance) or negative expectation (no
Fundamental Rights and Judicial Protection under Constitutional Law
Fundamental Rights and Jurisdiction
1. Purpose of Jurisdiction
The purpose of jurisdiction can be understood through the following sequences:
- Entire possible sequence: substantive right, action, and application of jurisdiction.
- When the substantive right is not violated: substantive right.
- When the substantive right is violated: substantive right, action, and application of jurisdiction.
2. Article 24 of the Spanish Constitution (SC)
Judicial Protection (Article 24.1 SC)
All persons have the right to obtain
Read More