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Question: “The Court of Justice’s approach to free movement of workers and freedom of establishment promotes not so much an internal market as a “market without rules”’ [AG-Tizzano] Discuss. Mark 65%

London School of Economics, LL232 Law and institutions of the European Union

Answer: With regards to the free movement of workers contained in Article 45 TFEU and freedom of establishment as in Article 49 TFEU, one may strongly contend that the Court of Justice’s (ECJ) approach has been to promote a ‘market without rules’ as opposed to that of a single internal market. In line of AG-Tizzano’s reasoning, one shall define a ‘market without rules’ as a market that generally prohibits rules as a matter of principle, subject to justification. As demonstrated in the development of case law within the realm of freedom of workers and freedom of establishment, the Court of Justice’s approach has been to move away from the emphasis of unequal treatment to instead opt for a much more broader interpretation of both Articles. Instead, it can be problematically found that ......(short extract)

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Details: - Mark: 65% | Course: European Union Law | Year: 2nd/3rd | Words: 1812 | References: No | Date written: March, 2015 | Date submitted: August 16, 2018 | Coursework ID: 1049

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