<abstract xmlns="http://www.w3.org/1999/xhtml"><p> Free movement of capital and payments represents the youngest of the freedoms within the single internal market of the European Union. Th e title “youngest” points on the very slow release of capital markets within the European Community and the European Union which leads to the tardy development of this freedom. It is young also from the view of the legal effects because it was the last of the freedom where direct effect of basal Treaty provision was accepted by the Court of Justice. In the heading of this article I awarded the forth freedom with the adjective “overlooked” which is clearly my subjective opinion on the approach of the EU law scholars to this part of the internal market law. In the most of the substantive textbooks and casebooks we may find only marginal space devoted to this field, especially in comparison with the other market freedoms. My objective is to off er and general introductive insight to this area and to certain extent cover the emerging gap.</p></abstract>

Free movement of capital and payments represents the youngest of the freedoms within the single internal market of the European Union. Th e title “youngest” points on the very slow release of capital markets within the European Community and the European Union which leads to the tardy development of this freedom. It is young also from the view of the legal effects because it was the last of the freedom where direct effect of basal Treaty provision was accepted by the Court of Justice. In the heading of this article I awarded the forth freedom with the adjective “overlooked” which is clearly my subjective opinion on the approach of the EU law scholars to this part of the internal market law. In the most of the substantive textbooks and casebooks we may find only marginal space devoted to this field, especially in comparison with the other market freedoms. My objective is to off er and general introductive insight to this area and to certain extent cover the emerging gap.

Unveiling the overlooked freedom – the context of free movement of capital and payments in the EU law

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Free movement of capital and payments represents the youngest of the freedoms within the single internal market of the European Union. Th e title “youngest”...

Unveiling the overlooked freedom – the context of free movement of capital and payments in the EU law

Pubblicato online: 24 gen 2018

Pagine: 129 - 145

DOI: https://doi.org/10.1515/iclr-2016-0091

Parole chiave
Capital, Payments, Free movement, Restrictions, Exemptions, Case-law

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Unveiling the overlooked freedom – the context of free movement of capital and payments in the EU law

Pubblicato online: 24 gen 2018

Pagine: 129 - 145

DOI: https://doi.org/10.1515/iclr-2016-0091

Parole chiaveCapital, Payments, Free movement, Restrictions, Exemptions, Case-law

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Parole chiave
Capital, Payments, Free movement, Restrictions, Exemptions, Case-law