JURISPRUDENTIAL ISSUES CONCERNING THE BENEFICIARIES OF PROVISIONS OF ARTICLE 49 TFEU

• Main Author: Roxana-Mariana POPESCU
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2017-05-01
• Series: Challenges of the Knowledge Society
• Subjects: Article 49 TFEU; beneficiaries; ECJ case-law; recognition of professional qualifications; recognition of professional training
• Online Access: http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=03_public_law%2F&download=CKS_2017_public_law_029.pdf

From the interpretation of Article 49 paragraph (1) TFEU it results that restrictions on the freedom of establishment are removed for the purpose to pursue independent activities under conditions of equality with nationals of the Member State of establishment. The beneficiaries of Article 49 TFEU are people moving from the territory of the State of origin (nationals of a Member State) on the territory of another Member State in order to pursue an independent activity, but only under the case-law of the Court of Justice of the European Union; beneficiaries of these rights are also the Member State nationals who obtained qualifications or training in another Member State and then go back to their home state to conduct a business on grounds of that qualification or professional training.