Case C-112/00, Schmidberger

 

Identified should be:
 
The parties of the case
 
The subject of the case
 
The structure of Free Movement cases:
-Element of EU law
-Does the case fall under EU free movement law?
-Which free movement rights are restricted?
-Is the restriction distinctive or indistinctive / discriminatory or non-discriminatory?
-Is the restriction justified? (In this case, it is important that there exist two groups of justifications - treaty-based and case law based.)
-Is the restriction necessary in a democratic society?
-Is the restriction proportionate?
 
What did the ECJ decide?
 
Link to human rights in the case
 
Importance of the case against the background of human rights’ protection

 

Think about the article written by C. Kombos (2010) „The Esoteric Dimension of Constitutional Pluralism: EU’s Internal Constitutional Sub-units and the Non-symbolic Cumulative Constitution“ in P. J. Birkinshaw, M. Varney (eds.) The European Union Legal Order after Lisbon. Austin, Boston, Chicago, New York, The Netherlands: Kluwer, 291. In the light of the article, what were the values weighed by the CJEU? What is superior - a fundamental right with its roots in the ECHR, or a fundamental freedom of the EU? Can a restriction of a fundamental freedom of the EU be justified by a fundamental right? Vice versa - can a restriction of a fundamental right be justified by a fundamental freedom of the EU?