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Passporting departs from the "single license" concept, based on the Freedom of Establishment and the Freedom of Services as established by primary EU law.
All three cases were decided in the context of "freedom of establishment" from Article 43, paragraph 1, of the Treaty Establishing the European Community ("TEC"), which, read together with Articles 46 and 48 TEC, grants great leeway to European corporations that want to move about within the Community.
In other words, they could amount to a restriction on the "freedom of establishment".What comes next is not clear.
The judge therefore suggested an approach based on the provisions on the freedom of establishment in the Treaty itself.
Although the freedom of establishment (Art. 43, 48 of the EC Treaty) is the basis of the directive, this directive is not only interesting for European lawyers.
Free movement of goods, capital and workers, freedom of establishment, and freedom to supply services were guaranteed by core Treaty provisions.
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Any effort to codify their beliefs into laws that restrict my freedom smacks of establishment of a state religion.
In particular, the EC Court of Justice's latest ruling on companies' freedom of primary establishment, the Überseering ruling,' is bound to generate more far-reaching effects-on companies' expansion and movement strategies throughout the EC-than any previous ruling in that area.
By contrast, however, there are a great many positive concrete facts that have to do with Europe: equal rights for men and women, freedom of movement and establishment, tariff elimination, effective environmental protection and innovative energy policy – to name just a few of the main achievements.
SEI called for completion of Space Station Freedom, the establishment of a moon base and a crewed Mars landing by 2019.
But PEN is a freedom of expression organisation, and it is appropriate that it would honour an establishment that has, judgments aside, come under attack for its expression.
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Justyna Jupowicz-Kozak
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