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The Greatest Possible Freedom / IV Fundamentality
The Greatest Possible Freedom / IV Fundamentality
Contents
Chapter
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Page
1–16
Titelei/Inhaltsverzeichnis
1–16
Details
17–29
A Introduction: The way to the greatest possible freedom
17–29
17–19
I Free movement of persons and services: 1400 decisions
17–19
Details
19–20
II The structure of the book
19–20
Details
20–21
III Why is the first part on ‘the case-law’ necessary? Why not cover more interpretive formulas?
20–21
Details
21–22
IV A text-based approach
21–22
Details
22–25
V Why is this book useful and novel?
22–25
Details
25–27
VI An illustration of how this book is different from other works
25–27
Details
27–29
VII What this book is not
27–29
Details
29–417
B The case-law
29–417
29–34
I The 1960s
29–34
Details
34–53
II The 1970s
34–53
Details
1 Workers
Details
A first wave of cases
Details
The year 1975
Details
The remaining years of the decade
Details
2 Establishment
Details
3 Social security
Details
Aggregation and apportionment
Details
Niemann and Petroni
Details
Other aggregation
Details
Aggregation and third states
Details
Social security v. social assistance
Details
Definitions and scope
Details
Personal scope
Details
Family
Details
Unemployment
Details
Sickness
Details
Non-discrimination and residence
Details
One legislation
Details
Transition and technicalities
Details
4 Services
Details
53–98
III The 1980s
53–98
Details
1 Workers
Details
Advantages
Details
Educational advantages
Details
Maintenance grants
Details
Family members
Details
Derogations
Details
No violation of non-discrimination
Details
Diploma recognition
Details
The Ankara Agreement
Details
Enlargement
Details
Technicalities, purely internal situations
Details
2 Establishment
Details
1985
Details
1986
Details
1987
Details
1988 and 1989
Details
Purely internal situations and remainders
Details
Companies
Details
Diploma
Details
3 Social security
Details
Definitions and scope
Details
Social security v. social assistance
Details
Further issues of definition
Details
Aggregation and apportionment
Details
Benefits of the same kind and rules against overlapping
Details
Further aggregation
Details
Aggregation and third states
Details
Short periods of insurance and other intricacies
Details
Recalculation
Details
Aggregation and conditions of affiliation
Details
Overlapping benefits, supplements
Details
Adding to the disparities
Details
More supplements
Details
Unemployed frontier workers
Details
Atypical frontier workers
Details
Exporting unemployment benefits
Details
A Kafka novel
Details
Sickness
Details
Applicable legislation
Details
Non-discrimination and residence
Details
The Dutch transition
Details
Further non-discrimination
Details
Technicalities
Details
4 Services
Details
Broadcasting
Details
Posted workers
Details
Variety
Details
Infringement in the insurance sector
Details
Public works
Details
Lawyers
Details
Broadcasting again
Details
Remuneration
Details
Transport services
Details
Tourists
Details
98–188
IV The 1990s
98–188
Details
1 Workers and citizens
Details
Worker
Details
Advantages
Details
Education
Details
Taxes
Details
Derogations
Details
Non-discrimination
Details
Union citizenship
Details
Ankara
Details
Technicalities
Details
Purely internal situations
Details
Transition and remainders
Details
2 Establishment
Details
Ships and aircrafts
Details
Doctors
Details
Purely internal situations
Details
Taxation
Details
Official authority
Details
Names
Details
Gebhard
Details
Driving licences
Details
Sunday trading
Details
Non-profit
Details
Austria
Details
Non-discrimination
Details
Legal persons
Details
Technicalities
Details
Secondary law as to companies and further technicalities
Details
Diploma
Details
3 Social Security
Details
Scope and definitions
Details
Social security v. assistance
Details
Conventions with third states
Details
Further scope
Details
Scope and applicable legislation
Details
Ceasing occupation
Details
Derived rights
Details
Special non-contributory benefits, social assistance
Details
Farming
Details
(Not) purely internal situations
Details
Monopoly, periods of insurance
Details
Applicable legislation
Details
Aggregation
Details
Previous conventions
Details
Changing circumstances
Details
Benefits of the same kind, overlapping
Details
Aggregation in Spain
Details
Aggregation and special non-contributory benefits
Details
Differing retirement ages
Details
Aggregation and civil servants
Details
Broader aggregation
Details
Family benefits
Details
After Pinna
Details
More family benefits
Details
Post Rossi
Details
Unemployment
Details
Sickness and invalidity
Details
Non-discrimination and residence
Details
Third states
Details
Ankara
Details
Technicalities
Details
Subrogation
Details
Social security more broadly
Details
4 Services
Details
Posted workers
Details
Tourist guides
Details
Lawyers
Details
Säger
Details
Broadcasting
Details
No connection to services, purely internal
Details
Public works
Details
Various services
Details
Games of chance
Details
Maritime transport
Details
Again various services
Details
Medical services
Details
Taxation
Details
Public procurement
Details
Further services cases
Details
188–337
V The 2000s
188–337
Details
1 Workers and citizens
Details
Worker
Details
Advantages
Details
Family members
Details
Family members and Union citizenship
Details
Union citizenship, minimex, and students
Details
Education without Union citizenship
Details
Tideover allowance and Union citizenship
Details
Job seekers and Union citizenship
Details
Genuine link again
Details
War victims and Union citizenship
Details
Union citizenship and expulsion
Details
Names and Union citizenship
Details
Union citizenship and institutional issues
Details
Union citizenship and other policies
Details
Taxation
Details
Taxes and houses
Details
Cohesion of the tax system
Details
Taxation of employees of the Communities
Details
Taxes and Union citizenship
Details
Taxes on cars
Details
Taxes and real estate
Details
Interim assistance and taxation
Details
Derogations
Details
Sufficient resources
Details
Non-discrimination
Details
Car registration
Details
Further non-discrimination
Details
Ankara
Details
Ankara more favourable than the internal market
Details
Agreements with other third states
Details
Technicalities
Details
Driving licences
Details
Purely internal situations
Details
2 Establishment
Details
Dentists
Details
Opticians
Details
Psychotherapists
Details
Pharmacies
Details
Lawyers
Details
Pay slips for workers
Details
Games of chance
Details
Taxation
Details
Car registration
Details
Diploma
Details
Private security
Details
Bovine semen
Details
Family members
Details
Cars
Details
Ankara
Details
Europe Agreements
Details
Switzerland
Details
Purely internal situations
Details
Secondary law
Details
Open skies
Details
Legal persons and taxation
Details
Dividends
Details
Incorporation
Details
Taxation of capital gains and profits
Details
Sight account with banks
Details
Ship registration
Details
Taxation of groups
Details
Cross-border merger
Details
Further companies, taxation (2006)
Details
More dividends case-law
Details
Companies and third countries
Details
Further group cases
Details
Inheritance tax
Details
Taxation of limited partnerships
Details
More dividends
Details
Currency loss
Details
Expenses for research and development
Details
Further group taxation
Details
Moving the seat
Details
Secondary law re companies
Details
Diploma recognition in 2000-2002
Details
Diploma recognition in 2003-2004
Details
Diploma recognition in 2005-2006
Details
Diploma recognition in 2007-2009
Details
3 Social security
Details
Scope and definitions
Details
Special non-contributory benefits
Details
Annex issues
Details
Further scope and definitions
Details
Applicable legislation: posted workers
Details
One legislation
Details
Ceasing occupation
Details
Two legislations
Details
Aggregation
Details
Aggregation and child-rearing in Austria
Details
Aggregation and employment with the Community
Details
Further aggregation
Details
Sickness benefits, medical services
Details
Pensioners and sickness benefits
Details
Unemployment benefits
Details
Exporting unemployment benefits
Details
Unemployed frontier workers
Details
Family benefits
Details
Family benefits and pensioners
Details
Non-discrimination
Details
Agreements with third countries, Ankara
Details
Technicalities
Details
Further social security cases
Details
4 Services
Details
Posted workers
Details
Construction business
Details
More posted workers
Details
Medical services
Details
Games of chance
Details
Taxes
Details
Private security firms
Details
Leased cars
Details
Maritime transport
Details
Broadcasting
Details
Public procurement
Details
Ankara
Details
Further services cases
Details
Services more broadly
Details
337–417
VI The 2010s
337–417
Details
1 Workers and citizens
Details
Advantages
Details
Residence
Details
Taxation
Details
Family members
Details
Collective agreement
Details
Non-discrimination
Details
Driving licences
Details
Ankara
Details
Bulgaria
Details
Union citizenship
Details
Union citizenship and students
Details
Permanent residence
Details
Union citizenship and expulsion
Details
Union citizenship and names
Details
(Not) purely internal situations, family reunification of Union citizens
Details
Union citizens and prohibition to leave
Details
Union citizenship and the broader family
Details
The Union citizenship of a president
Details
Issues left open re Union citizenship
Details
Further cases
Details
2 Establishment
Details
Taxes
Details
Pharmacies
Details
Laboratories
Details
Games of chance
Details
Car insurance
Details
Lawyers, notaries, and courts
Details
Non-discrimination
Details
Ankara and other Agreements with third states
Details
Technicalities
Details
Legal persons and taxation
Details
Further company cases
Details
Companies and third states
Details
Diploma
Details
3 Social security
Details
Scope and definitions
Details
Special non-contributory benefits
Details
Discrimination
Details
Applicable legislation
Details
Sickness
Details
Aggregation
Details
Unemployment
Details
Family benefits
Details
Aggregation more broadly
Details
Ankara
Details
4 Services
Details
Posted workers
Details
Games of chance
Details
Medical services
Details
Taxes
Details
Telecommunication and broadcasting
Details
Public service concession
Details
Non-discrimination
Details
Maritime transport
Details
Air transport
Details
The Services Directive
Details
Switzerland
Details
Secondary law
Details
Purely internal situations
Details
Further cases
Details
417–551
C The evolution of interpretive formulas
417–551
417–489
I ‘Broad’
417–489
Details
1 In the early days: until the mid-1970s
Details
Three branches of broad interpretation
Details
First branch: broad interpretation of notions
Details
Second branch: narrow exceptions from rules
Details
Third branch: the greatest possible freedom
Details
The spin exerted by interpretive formulas
Details
2 From the mid-1970s until the ‘Maastricht moment’
Details
a) First branch: broad notions
Details
The first and the second branch connecting
Details
The first and the third branch connecting
Details
Lebon expanding Kempf
Details
Further broad interpretation
Details
b) Second branch: narrow exceptions from rules
Details
The second branch in establishment and services
Details
Weakness of the second branch in social security
Details
c) The third branch: the greatest possible freedom
Details
The third branch’s outburst in the mid-1980s
Details
The third branch’s outburst at the beginning of the 1990s
Details
‘Conditions most favourable’
Details
d) Spin – in the second branch
Details
Spin in the third branch – evolving into empty spin
Details
Why empty spin?
Details
Spin in the first branch
Details
e) Some conclusions from the period
Details
3 During the age of Maastricht
Details
a) First branch: broad notions – ‘worker’
Details
Broad free movement of workers
Details
Broad interpretation in services
Details
Further broad interpretation
Details
Connection of the first and third branch
Details
More broad interpretation
Details
‘Aim and broad logic’
Details
The concept of establishment is ‘a very broad one’
Details
b) Second branch: narrow exceptions from rules – second branch connecting with third
Details
Second branch and recognition
Details
Derogations
Details
Second branch in social security
Details
Second branch in services
Details
Further derogations
Details
Second branch connecting with the third in social security, sometimes
Details
Second branch and recognition again
Details
More derogations
Details
Second branch and secondary law
Details
Union citizenship implying a particularly restrictive interpretation of derogations
Details
Narrow exception from recognition of driving licences
Details
Narrow derogation from freedom of maritime services
Details
Restrictive interpretation of the in-house exception
Details
Derogations again
Details
c) Third branch: the greatest possible freedom
Details
Two branches connecting
Details
‘The most favourable conditions’
Details
The greatest possible freedom again
Details
d) Spin – and advance statement of case-law
Details
Spin in the first branch: ‘worker’
Details
Spin in other parts of the first branch
Details
Spin in the second branch
Details
Spin in third branch-combinations
Details
Spin in the third branch
Details
Spin at its clearest in third branch
Details
Empty spin
Details
e) Some conclusions from the period
Details
4 The present
Details
a) First branch: broad notions – ‘worker’
Details
Other broad notions
Details
Very broad establishment
Details
b) Second branch: narrow exceptions from rules
Details
Derogations, connecting with first branch
Details
Second branch and posted workers
Details
Further narrow derogations
Details
Strict interpretation of non-exportability
Details
Narrow derogations again
Details
Narrow exceptions from recognition of driving licences
Details
Exception from the free choice of one’s lawyer
Details
Derogations, again
Details
Further second branch interpretation
Details
Back to derogations
Details
Second branch in universal service
Details
Further derogations
Details
Second branch in secondary law
Details
More second branch and driving licences
Details
Narrow student loans
Details
c) Third branch: the greatest possible freedom – moving beyond social security
Details
Revival of third branch
Details
d) Spin – in the first branch
Details
Spin by very broad establishment
Details
Spin in the second branch
Details
Spin and driving licences
Details
Further spin in the second branch
Details
Spin in the third branch
Details
e) Some conclusions from the present
Details
489–524
II ‘Coordinated’
489–524
Details
1 In the early days: until the mid-1970s
Details
The origin of ‘simply coordinated’
Details
From justifying advantages to distributing powers …
Details
… and back to justifying advantages
Details
The complexity of coordination
Details
The shift of Regulation 1408/71
Details
Spin
Details
Some conclusions from the period
Details
2 From the mid-1970s until the ‘Maastricht moment’
Details
a) Occurrence of ‘coordinated’ – ‘simple coordination’ under Regulation 1408/71
Details
Coordination to the disadvantage of migrant workers
Details
‘Separate claims’
Details
Inversing simple coordination
Details
Simple coordination, in effect a (dis)advantage for migrant workers
Details
Obfuscation of the origins of ‘simple coordination’
Details
Further simple coordination cases
Details
‘Coordination’ and the ‘stability of the system’
Details
For and against migrant workers
Details
b) Spin
Details
Negative spin
Details
Empty spin
Details
More ‘un-empty’ spin
Details
c) Some conclusions from the period
Details
3 During the age of Maastricht
Details
a) Occurrence of ‘coordinated’ – the beginning of the age
Details
Coordination and derived rights
Details
Six decisions in 1997
Details
Come-back in 2000
Details
Two judgments in 2001
Details
Inverse ‘mere coordination’
Details
The ‘return’ of ‘complexity’
Details
Advance statement of case-law
Details
b) Spin – and advance statement of case-law
Details
The return of empty spin
Details
Regular spin
Details
c) Some conclusions from the period
Details
4 The present
Details
a) Occurrence of ‘coordinated’ – frequent use
Details
Absence of harmonisation as a proxy
Details
‘Coordination’ v. free movement
Details
No guarantee of neutrality
Details
‘Coordination’ under medical services
Details
Advance statement
Details
‘No neutrality’ and ‘coordination’, again
Details
The latest cases
Details
b) Spin
Details
Empty spin
Details
Advance statement cancelling out spin
Details
Compliance with the Treaty freedoms obscuring spin
Details
c) Some conclusions from the period
Details
524–551
III ‘Fundamental’
524–551
Details
1 Previously existing ‘fundamental’ notions
Details
The ‘fundamental’ freedoms and non-discrimination
Details
‘Fundamental’ rights
Details
‘Fundamental interests of society’ and other ‘fundamental’ notions
Details
Conclusions
Details
2 The ‘status’, linking to Union citizenship
Details
The origins: the ‘Community national’ …
Details
… And the ‘Community citizen’
Details
The parties/national courts driving the ‘Community national’
Details
The ‘Community national’ becoming current
Details
Three decades of ‘Community nationality’ – and more
Details
The end of the ‘Community national’
Details
Conclusions
Details
3 The evolution of the ‘fundamental status’
Details
a) Occurrence – in the 2000s
Details
Occurrence in the early 2010s
Details
The blessings of the ‘fundamental status’
Details
b) Spin
Details
Empty spin
Details
No spin, advance statement
Details
Spin uncertain
Details
c) Conclusions
Details
4 Counterfactual evidence
Details
Before Grzelczyk
Details
After Grzelczyk, non-occurrence in the 2000s
Details
Non-occurrence in the early 2010s
Details
No non-spin, the blessings of the absence of ‘fundamental status’
Details
The curse of the absence of ‘fundamental status’
Details
Conclusions
Details
551–601
D Conclusion
551–601
551–553
I Spin and emptiness
551–553
Details
553–554
II Breadth
553–554
Details
554–555
III Coordination
554–555
Details
555–601
IV Fundamentality
555–601
Details
601–605
F Bibliography
601–605
Details
605–606
G Acknowledgments
605–606
Details
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The Greatest Possible Freedom , page 555 - 601
IV Fundamentality
Autoren
Thomas Burri
DOI
doi.org/10.5771/9783845265490-555
ISBN print: 978-3-8487-2391-1
ISBN online: 978-3-8452-6549-0
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