JN204 Lecture 20: Jr204 lecture 20
19 Nov 2020
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Document Summary
Restrictive approach: in bayerische (83 & 94/76, 4, 15 & 40/77), court"s assessment based upon effect of measure, court has also focused on nature of breach, as in amylum (116 & 124/77). Court required institution"s conduct to be verging on the arbitrary . Bergaderm (c-352/98): 1) rule of law must be intended to confer rights on individual; 2) breach must be sufficiently serious; 3) there must be direct causal link between breach of obligation & damage caused. From internal market to citizenship: free movement of workers (now persons) one of the fundamental freedoms underpinning community (now union) law in 1957, ex-art. 2 e. c. (now art. 3 (2) t. e. u. ) Objective of original community = creation of common market (free movement of goods + free movement of factors of production, including workers): art. 26 (2) t. f. e. u. Internal (common/single) market = area without frontiers in which there is free movement of goods, persons, services & capital: art. 21 (1) t. f. e. u.
