The CJEU’s rulings in Scotch Whiskey indicate that the free movement of goods is concerned with liberalising trade, rather than preventing protectionism. Discuss.
EU free movement law is biased in favour of free movement and does not respect domestic welfare structures. Discuss with reference to the rulings in Viking and Laval.
Is it true that Cassis de Dijon is a judgment that ‘manages diversity [without] imposing uniformity’?
“The free movement of persons should not be guided by considerations of gender and class. The objective of EU free movement law is not to promote equality, but to facilitate cross-border movement.” Discuss.
Using the case law of the CJEU on Article 56 TFEU (the freedom to provide services), compare and contrast the approach taken in the area of labour law and the area of healthcare
"The purpose of Article 34 TFEU (the free movement of goods) is to promote competition within the internal market rather than promote trade across borders."
"The court has created a right to adequate healthcare for all citizens in the EU. This can only be a good thing. Discuss"
"The conditional nature of the principle of mutual recognition in the EU free movement of goods is both its main attraction and its central weakness."
"Law-making in the EU would be more democratic, and therefore more legitimate, if the EP gained greater power in the legislative procedures."
"The legitimacy of the OLP depends on reaching consensus. How this consensus is reached is less relevant." Discuss.
Unless the role of law in the process of European integration changes, the post-functionalist tension in the EU will continue to grow. Discuss.
‘The case law on Article 56 TFEU demonstrates that the European Court of Justice is incapable of protecting social and moral objectives.’ Discuss.