Exercise 4. Read the text and choose the best suitable word to fill in the gaps. Match four initiatives enumerated in the text with the appropriate name for them given in the list above the text. Then, say what you have learned from the text.

A accreditation and surveillance

B conformity

C registration of motor vehicles

D mutual recognition

The Commission 1 that improving the internal market is an ongoing process requiring continuous updating, taking account of recent technological progress, the constantly 2 global situation and the needs of consumers. The Commission noted that, 3 considerable progress, there are still two major problems: some national technical rules still constitute important 4 to free trade within the Union, particularly in sectors that have not been 5 and several Union rules are inconsistent and a burden to trade! Small and medium-sized enterprises are the most seriously 6 by this problem.

The Commission proposes four initiatives:

1. I: a proposal for a regulation laying down 7 that the national authorities must follow in applying national technical rules to products lawfully marketed in another Member State – the regulation entered into force in May 2009;

2. II: the Commission also mentions a proposal for a regulation to ensure that non-compliant products are quickly withdrawn from the market and make it easier to 8 the conformity of goods – the certification issued by accredited laboratories and testing facilities will have to be accepted throughout the Union;

3. III: a proposal for a decision on a common framework for the marketing of products, aiming at streamlining the various product conformity assessment procedures;

4. IV: an interpretative communication on the procedure for registration of vehicles 9 in another Member State.

1	A	ensures	B	ascertains	C	proves	D	makes sure
2	A	changing	B	fluctuating	C	transforming	D	influencing
3	A	notwithstanding	B	in spite of	C	thanks to	D	however
4	A	cages	B	mechanisms	C	barriers	D	obstacles
5	A	complied with	B	unified	C	ratified	D	harmonised
6	A	effected	B	affected	C	concerned	D	touched
7	A	procedures	B	processes	C	rules	D	proceedings
8	A	try	B	appreciate	C	assess	D	test
9	A	appearing	B	issuing	C	originating	D	making

Exercise 5. Read the text and fill in the gaps with the required prepositions provided below. Then say whether the statements below are true, false or incomplete. Finally, say what you have learned about the possible exceptions to the free movement of goods in the Union.

Exceptions to the Free Movement of Goods

before; with (3); of; in (12); up; to; for (4); into; upon (2);

Mention must be made of the possibility 1 Member States to take such measures as they consider necessary 2 the protection of the essential interests of their security which are connected 3 the production or trade 4 arms, munitions and war material. Similarly, the Member States may be called 5 to take certain measures, 6 the event of serious internal disturbances affecting the maintenance of law and order, 7 the event of war, serious international tension constituting a threat of war, or in order to carry out obligations they have accepted 8 the purpose of maintaining peace and international security. 9 both cases, the measures taken by the Member States may limit the free movement of goods.

10 the latter case the Treaty simply provides that the Member States shall consult each other 11 a view to taking steps together to prevent the functioning of the common market being affected. If, 12 both cases, the measures affect competition 13 the common market, the Commission shall, together 14 the Member State concerned, examine how those measures can be adjusted. 15 case the Commission or a Member State considers that another Member State is making improper use of the powers provided 16 the above-mentioned circumstances, they may bring the matter directly 17 the Court, which shall give its rule 18 camera.

Must also be mentioned 19 this context the obligation imposed 20 the Commission, when drawing 21 proposals 22 establishing or ensuring the functioning of the internal market, to take 23 account the extent of the effort that certain economies showing differences 24 development will have to sustain and the Commission may propose appropriate provisions. The Treaty adds that, if those provisions take the form of derogations, they must be 25 a temporary nature and must cause the least disturbance 26 the functioning of the internal market.

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1. The Member States must never take such measures as they consider necessary.

2. If the measures affect competition in the common market, the Council shall examine how those measures can be adjusted.

3. If a Member State considers that another Member State is making improper use of the powers provided in the above-mentioned circumstances, it may bring the matter directly before the Court.

4. The Commission must take into account the extent of the effort that certain economies will have to sustain.

Exercise 6. Read the text. Use the words in the box on the right to form one word that fits in the gap.

Technical Standards

Another important element with regard to the free movement of goods is technical standards; it is up to the Commission to make sure that the Member States recognise the technical _______, standards and rules applicable in other Member States and the validity of tests carried out by approved laboratories in other Member States offering adequate guarantees of _______ and efficacy. The Commission continues to monitor the _______ by Member States with the principle of the free movement of goods, mainly through the procedure under which the Member States have to inform the Commission of technical standards and regulations which they intend to introduce. In case a Member State fails to notify the Commission, the national rule may not be invoked against an individual. The other _______ of the Union are also involved in the fight against old and new obstacles to intra-Union trade. When the Commission is of the opinion that _______ standards or regulations will infringe the principle of free trade, it issues a ‘detailed opinion’, which is _______ upon the Member States _______. From the above it follows that standards and technical regulations play a very important role in the _______ of the internal market. _______, the Council laid down provisions on the introduction and _______ of technical regulations and standard, and adopted resolutions on a new approach to technical _______ and standards and on the role of European _______ in the European economy.

specify rely comply institute propose bind, concern function consequence implement harmony, standard

Exercise 7. Read the text and fill in the gaps with the appropriate words from the box. Then answer the questions below the text.

commercial property prohibition rule quantitative restrictions exceptions public policy measures transit of goods discrimination derogation economic situation Treaty provision free movement exclusive jurisdiction restriction national treasures interpretation harmonization

Exceptions to the Free Movement of Goods

Every rule has its 1. They can be found either in the legal provisions laying down the rule, or in the 2 of the rule by the courts. The same applies to the basic 3 concerning the free movement of goods in the Union. The Treaty provides for several exceptions to this 4.

The most important concerns the 5 of quantitative restrictions 6 having equivalent effect. Restrictions on imports, exports and 7 may be justified on grounds of public morality, 8 or public security, the protection of health and life of humans, animals and plants, the protection of 9 possessing artistic, historic or archaeological value or the protection of industrial and 10.

It should be noted that, according to the relevant 11, the prohibition or 12 may not constitute a means of arbitrary 13 or disguised restriction on trade between Member States. The Court also considered that those exceptions are not designed to reserve certain matters to the 14 of the Member States. They permit national laws to derogate from the principle of the free movement of goods to the extent to which such 15 is and continues to be justified for the attainment of the objectives referred to and where Union directives provide for the 16 of the national measures necessary to safeguard those objectives, recourse to the exceptions will automatically be excluded.

The TEFU provides that in case difficulties arise in a Member State, the Council may decide upon measures appropriate to the 17, in particular if they arise in the supply of certain products. Such measures could have effects equivalent to 18.

1. Where can lawyers find exceptions to the legal rules?

2. What is the most important exception to the free movement of goods?

3. Name reasons for the justification of some restrictions on the free movement of goods in the Union.

4. What do such restrictions permit in the field of national laws? What do they prohibit?

5. What measures could have effects equivalent to quantitative restrictions?

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Exercise 8. In the text in this exercise certain parts have been taken out and reshuffled. Restore the text by filling in the gaps meaningfully. What information does the text contain?

Theory and Reality of the Free Movement of Goods

A solutions to complaints by consumers and enterprises

B boasts a high level of transparency

C part of the public administration

D attempts to find solutions

E disputes between consumers and enterprises

F regards the complaint

G the proposed solution acceptable

H is responsible for settling the dispute

In order to solve informally 1 on the one hand, and public authorities on the other, the Commission created the Internal Market Problem Solving Network (SOLVIT). It is an online network which helps find out-of-court 2 regarding the misappropriation of internal market laws by public authorities. Each Member State and the EFTA EEA countries have a SOLVIT centre which networks with the other centres forming 3 in which it is located. Each centre is connected to a central database, which 4 and makes it possible to monitor performance and the progress made. It has been operational since November 2003. It is free of charge and 5 within a short 10-week deadline; if a centre 6 received from a customer or enterprise as justified, it forwards it to the SOLVIT centre in the country where the problem has arisen for it to be solved within 10 weeks. The solutions proposed are not binding; if the customer does not consider 7, it may recommend that the dispute be resolved through the courts. The Member State concerned 8, but if it does not take action, the Commission reserves the right to initiate proceedings.

Research task

Exercise 9. Find out additional information about SOLVIT centres in the EU.

Writing

Exercise 10. Write a ‘for’ and ‘against’ composition about the free movement of goods within the EU.

Exercise 11. Write a plan and a short summary of the text.

Speaking

Exercise 12. Divide into two groups and discuss the prospects of the free movement of goods within the EU from a pessimistic point of view and from an optimistic point of view.

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Unit 6

THE FREE MOVEMENT OF PERSONS

Discussion

1. In your opinion, is it fair to restrict a person’s desire to live in the country he/she likes?

2. In what way and to what extent can a person be deprived of such an opportunity?

3. Is restricting a person’s right to the residence of his/her choice in any way related to discrimination?

4. Is discrimination a national (municipal) or international legal concept?

5. How is the right to residence and freedom of movement related to the basic human freedoms?

6. How much (if at all) do you already know about the free movement of persons in the European Union?

Legal Terms

1	free movement of persons	свобода передвижения лиц
2	self-employed	владелец, хозяин собственного бизнеса; самозанятое лицо, лицо, работающее на себя (аналог в РФ - индивидуальный предприниматель)
3	national	гражданин
4	border check	пограничная проверка
5	asylum [ә‘sailәm]	(политическое) убежище
6	invoke in purely national situations	применять исключительно во внутригосударственных ситуациях
7	right of residence	право проживания, пребывания
8	valid identity card	юридически действительное (имеющее законную силу и надлежаще оформленное) удостоверение личности
9	sickness insurance cover	полис медицинского страхования
10	permanent residence	постоянное место жительства/проживания
11	expulsion measure	мера по изгнанию, высылке, выселению (из страны)
12	stand as candidate in municipal elections	выдвигать (свою) кандидатуру на внутригосударственных выборах
13	enjoy the protection of diplomatic and consular authorities	пользоваться защитой дипломатических и консульских должностных лиц
14	petition Parliament	подавать прошение, ходатайство в Парламент
15	European Ombudsman	Европейский омбудсмен, Европейский уполномоченный по правам человека
16	advisory bodies	совещательные органы
17	facilitate free movement of citizens	способствовать свободе перемещения граждан
18	passport of uniform pattern	паспорт единого образца
19	abolition of controls at common/inner frontiers	отмена контроля на общих/внутренних границах
20	signatory	сигнатарий: подписавшаяся сторона, подписавшееся государство
21	Convention Implementing the Schengen Agreement (CISA)	Конвенция о применении Шенгенского соглашения (о постепенной отмене проверок на общих границах)
22	DNA fingerprint	ДНК фингерпринт, профиль ДНК индивидуума (набор рестрикционных фрагментов ДНК, характерный для данного индивидуума; для получения "отпечатка" используют либо гель-электрофорез как таковой, либо в сочетании с ПЦР-амплификацией)
23	contracting parties	договаривающиеся стороны, страны-участницы, контрагенты
24	Schengen Information System (SIS)	Шенгенская информационная система
25	right of establishment	право учреждения: право открыть частную практику, организовать частный бизнес или предприятие
26	confer unlimited rights	наделять неограниченными правами
27	principle of equal treatment	принцип, доктрина равного обращения, равноправного режима
28	host Member State	принимающее государство-член, принимающее государство-участник
29	labour mobility	мобильность рабочей силы
30	enhance employment	повышать, увеличивать уровень занятости
31	tangible aspects of European integration	ощутимые, реальные практически осуществимые аспекты Европейской интеграции
32	certificate of inscription	именной сертификат, именной документ
33	annex to the law	дополнение к закону
34	refuse access to a country	отказать во въезде в страну, воспрещать въезд в страну
35	public policy	публичный порядок
36	public order	общественный порядок
37	public health	здравоохранение
38	valid residence permit	юридически действительное (надлежаще оформленное) разрешение на проживание (аналог регистрации по месту жительства в РФ)

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RIGHTS OF RESIDENCE IN THE EU

1. Introduction

The free movement of persons concerns the following categories:

• citizens of the Union (“Citizens”);

• workers;

• self-employed;

• nationals from third countries; and

• students.

The free movement of persons constitutes one of the fundamental freedoms guaranteed by the Treaty (TFEU) and the relevant provisions may not be interpreted restrictively; furthermore, they have direct effect.

Part Two of the TFEU provides for the rights of “citizens” of the Union and, among others, their right “to move and reside freely within the territory of the member States”, subject to certain limitations and conditions. Title V sets up an “area of freedom, security and justice”, which provides also for “policies on border checks, asylum and immigration”. The free movement of persons is thereby enlarged to encompass persons who are not citizens of the Union, while the free movement of “citizens”, of “workers” and of “self-employed persons” (professionals, trades people, etc.) concerns only nationals of a Member State. The expression “self-employed” also covers legal persons, but only those which are formed in accordance with the laws of a Member State.

Consequently, the term “person” in the Treaty covers quite an array of natural and legal persons, each with their own specific rights and obligations: citizens, workers, self-employed persons, companies, nationals of third countries and students. It should be remembered that Union law only applies when trans-frontier activities are involved. In other words, Treaty provisions cannot be invoked in purely national situations.

2. The free movement of citizens

The TFEU establishes the citizenship of the Union by providing that every person holding the nationality of a Member State shall be a citizen of the Union and adds that this citizenship complements and does not replace national citizenship. Every citizen of the Union, as already mentioned, “shall have the right to move and reside freely within the territory of the Member States”, but those rights “shall be exercised in accordance with the conditions and limits defined by the Treaties and by the measures adopted thereunder”.

Under Union law applicable since 2004, Union citizens have the right of residence in the territory of another member State:

• for a period of up to three months without any condition or formalities other than holding a valid passport or a valid identity card;

• for a period of longer than three months, if they (1) are workers or self-employed persons; or (2) have sufficient resources for themselves and their family members and sickness insurance cover; or (3) are enrolled in an establishment accredited and financed by the host State to follow a course of study; or (4) are family members (even when not a national of a Member State) accompanying or joining a Union citizen who satisfies the above conditions;

• for permanent residence: citizens who have resided in the Member State, in compliance with the conditions laid down in Directive 2004/38 [2004] O.J. L158/77, Preamble (17), during a continuous period of five years without becoming subject to an expulsion measure.

Besides the right to move and reside freely in the territory of the Member States, citizens have the right to vote and stand as candidate in municipal elections in the Member State of residence of which they are not a national, under the same conditions as nationals of that Sate. They can also vote and stand as candidate in elections to the European Parliament. Furthermore, citizens have the right to enjoy, in the territory of a third country in which the Member State of which they are a national is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State. Finally, citizens have the right to petition Parliament, to apply to the European Ombudsman and to address the institutions and advisory bodies of the Union in any of the Treaty languages and to obtain a reply in the same language.

Free movement of citizens was also facilitated, in some way, by the issue of a “European Passport”, i.e. a passport of uniform pattern (format and colour) that replaced the national passports.

3. Schengen arrangements

Although it is not limited to “citizens”, mention is made here of the Schengen arrangements. Very important from a legal point of view for the free movement of persons, was the implementation of the Schengen Agreement of 1985 on the gradual abolition of controls at the common (inner) frontiers of the signatories and of the 1990 Convention Implementing the Schengen Agreement (CISA). To this was added in 2005 the Schengen III Agreement between Belgium, Germany, Spain, France, Luxembourg, the Netherlands and Austria concerning the deepening of cross-border co-operation in the fields of the fight against terrorism, cross-border criminal activities and illegal migration. It enables the signatories to exchange all data regarding DNA fingerprints, the contracting parties having made a commitment to create and maintain national DNA analysis databases for the purpose of prosecuting criminal offences. In order to protect against terrorism and other crimes, the Schengen Information System (SIS) was set up; it allows the exchange of data on people’s identities and description of objects stolen or lost.

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