Self-Control Exercises on Derogations
Fill in the Blanks!
Read the paragraphs below and fill in the missing words!
Article 51 TFEU allows restrictions on free movement of services for the exercise of
, whereas Article 52 allows restrictions on the grounds of
,
or
. These exceptions are treaty-based exceptions.
According to Directive 123/2006 on services in the internal market, the concept of "overriding reasons relating to the public interest" has been developed by
the Court of Justice in its case law on non-discriminatory measures. The notion as recognized in the case law of
the Court of Justice covers at least the following grounds: public policy,
public security and
, within the meaning of Articles 52 and 55 of
the Treaty; the maintenance of order in society; social
objectives; the
protection of the
of services; consumer protection; the protection of
workers, including the
protection of workers; animal welfare; the
preservation of the financial balance of the social security system; the
prevention of fraud; the prevention of unfair competition; the protection of the
environment and the
environment, including town and
planning; the
protection of creditors; safeguarding the sound
of justice; road
safety; the protection of intellectual property; cultural
objectives,
including safeguarding the freedom of expression of various elements, in
particular social, cultural,
and philosophical values of society; the
need to ensure a
level of education, the maintenance of press diversity and
the promotion of the national language; the preservation of national historical
and
heritage; and veterinary policy. According to the Directive 123/2006,the concept of "public policy", as interpreted by the Court of Justice,
covers the protection against a genuine and
serious threat
affecting one of the fundamental interests of society and may include, in
particular, issues relating to
dignity, the protection of minors and
vulnerable adults and animal welfare. Similarly, the concept of "public security"
includes issues of public
.
Please, select the correect answer! Please note that more than one answer may be correct!
1. Application of derogations foreseen by Article 52 TFEU go under the principle:
that Treaty-based derogations must be strictly constructed;
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that only Treaty-based, not case-law based exceptions can be used for the justification of discriminatory measures;
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that the derogations do not extend to measures pursuing economic aims;
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that the derogations extend to measures pursuing economic aims.
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2. Application of case law derogations go under the principle:
that justification of a measure must still comply with the principle of proportionality. | |
that there exist open categories of policy considerations.
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that most categories operated with are closed.
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that both consumer protection, as well as order in society should be maintained.
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