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Belgrade Law Faculty Master-Course Human Rights and Non-Discrimination Liberty of Movement Prof. Thomas Fleiner Treaty on the Functioning Of the EU (TFEU ARTICLE 26 TFEU 1. The Union shall adopt measures with the aim of establishing or ensuring the Functioning of the internal market, in accordance with the relevant provisions of the Treaties. Diversity of Economic Rights Liberty of Contract EC 16 Liberty of Commerce EC 16 Liberty of Economic Activity EC 16 Property EC 17 Professional Freedom EC 15 Relation to EHRC: Prohibition of forced labor, Protocol 1: property Access to Education and continuous educ. EC 14 Protection against unreasonable dismissal EC 30 Liberty of Companies EC 16 Diversity of Social Rights Equality before the law EC 20 Non-Discrimination EC 21 Children, elderly and disabled EC 24/5/6 Social Security and Social assistance EC 34 Housing (EC 34) Health Care (EC 35) Access to Services of general econoMic interest (EC 36) Environmental Protection (EC 37) Four Freedoms of the EU: TFEU Treaty Functioning EU Freedom of movement of: •Persons: 45-55 TFEU Schengen Including Freedom of Establishment (49-55 TFEU) Bosman •Services: 56 – 62 TFEU Bosman •Goods: 28-37 TFEU Products Cassis de Dijon •Capital and payments: 63- 66 TFEU Euro? Free Competition Definition: Competition arises when firms Fight for customers by offering them a Better deal in terms of price, quality, Range, reliability or associated services. Adam Smith: Wealth of nation just repartition of wealth with market freedom guaranteed by th “invisible hand” Competition: prices low, reduces costs and enhances quality Problems of free competition Pareto equilibrium: Have an outcome in Which no one can be better off without Making someone else worse off. To avoid: Monopolies, no distortion due To asymmetric information, absence of unCompensated externalities Externality benefit: education, security, Infrastructure, health services etc. Externality cost: pollution, damage to the environment Marx’s Concept Prices for goods: Market and Demand But not: Costs of Production Salaries for Workers: Market and Demand But not: Needs of Workers Problem: who defines the need? The Power of the one who defines the need How to regulate economy Protection of consumers Protection of workers labour law – Minimum wages Market: Reduction of offer, miniprices on the market, reduction of demand Prohibition of monopolies guarantee of Free competition Basic Limits of Economic Freedom EC 52 par 1 Law and legislation respect of the Essence of the rights Public interest: objectives of the EU Necessary for the protection of the Rights and freedoms for the others e.g. Consumer Protection Proportionality Property Limits to property Legislation Public Interest Proportionality / Rationality? Public interest and expropriation