Establishment
2012 - Offer an informed view as to whether the right of establishment should be decided by taking an approach based on discrimination.
The right of establishment, necessary to exercise a profession or to render a service, is not confined to individuals. It is available to companies and bodies corporate which are treated like individuals. The immigration rules are broadly like those that apply to “workers”, but the full enjoyment of “the right of establishment” depends upon the recognition of professional qualifications and this, in turn, depends upon the progress of harmonisation of national laws in this field.
There is no definition of the group of persons entitled to the right of establishment. In distinction from “workers” (who are salaried) art 49 TFEU contemplates a group of people who, in principle, pursue activities as self- employed persons or set up and manage undertakings within the meaning of art 54 TFEU. Such persons belong, as a rule, to recognised professions whose status and membership is regulated by law. Hence the need of harmonising the national rules and regulations to facilitate their mobility within the Community and, in the first place, to remove restrictions on the ground of nationality and other peculiar national grounds (see Case 213/89 R. v Secretary of State for Transport, Ex p. Factortame).
To carry out its mandate the Council adopted in 1962 two General Programmes for the:
(i) Abolition of Restrictions on Freedom to provide Services; and
(ii) On Freedom of Establishments;
And in subsequent years has embarked on extensive legislation in these fields. However, as the Commission recorded in its White Paper on completing the internal market, the results as of 1987 were still unsatisfactory. Therefore the Commission recommended action in specific areas including a more efficient policing and enforcement system, resulting in measures to suspend the enforcement of any national legislation, which...