Prof. dr. Verica Trstenjak
Abstract
The article analyses exceptions in the exercise of public (official) authority and employment in the public service in connection with fundamental freedoms of the EU, namely the freedom of establishment, the free movement of services and the free movement of workers. The article first explains the notions of "official authority" from Article 51 of the Treaty on the Functioning of the EU (TFEU) and "public service" from Article 45(4) of the TFEU, as defined by the European Court of Justice (ECJ) in its case law. The article further examines the case law of the ECJ in the field of the right of establishment in connection with the exception regarding the exercise of official authority from Article 51 of the TFEU (e.g. the case law regarding the right of establishment of notaries) and the case law regarding the free movement of services in connection with the exception regarding the exercise of official authority pursuant to Article 62 of the TFEU in connection with Article 51 and 56 of the TFEU (e.g. case C-404/05, Commission/Germany). Lastly, the article analyses the case law of the ECJ in the field of the free movement of workers in connection with the exception regarding employment in the public service pursuant to Article 45(4) of the TFEU (e.g. case C-460/08, Commission/Greece).
Key words
public (official) authority, public service, freedom of establishment, free movement of services, free movement of workers, case law of the European Court of Justice