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A Frontier-free ED - Fiction or Reality? - The Single Market and Constraints to the So-called Four Freedoms -

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A Frontier-free ED - Fiction or Reality? --The Single Market and Constraints to the So-called Four Freedoms-- Michael Rauck Contents 1. Introduction 2. Freedom ofMovement of Goods, Capital and Services 2.1 Goods 2.2 Capital 2.3 Services 3. Freedom ofMovement of Persons 3.1 Realisation Gap 3.2 Schengen Agreement and Schengen Convention 3.3 Initiatives on the EU level 3.4 The Position of the UK 3.5 Public Opinion on the Freedom of Movement of Persons 4. Conclusions Selected Bibliography 1. Introduction On 25 March 1957, the six founding members of the European Eco- nomic Community (EEC) signed the Treaty of Rome (Treaty on the Euro- -221- 966 pean Economic Community)l), stipulating the so-called 'four freedoms' : Its provisions demand in the first title of part two the "free movement of goods" through a customs union (Article 9). The third title of part two ("Free movement of persons, services and capital") calls for the abolish- ment of restrictions on the "freedom of movements of workers" (Article 48), on the "freedom of establishment"2) (Article 52), on the "freedom to provide services" (Article 59) and on the "movement of capital" (Article 67) during a transitional period. The movement of goods was liberalized, when quantitative restrictions ("quotas") between Member States - according to Article 30 - were elimi- nated by 1961, and further, when the EEC members introduced the Cus- toms Union in 1968. The Single European Act (SEA) of 28 February 1986 incorporated the goal of the four freedoms into the new Article 7 a of the EC treaty. The Act's wording on this matter was based on a White Paper on completing the internal market that aimed at eliminating controls at internal bor- ders, approved on 14 June 1985 by the European Commission. Article 7 a SEA stipulates as follows: "The Community shall adopt measures with the aim of progressively es- tablishing the internal market over a period expiring on 31 December 1992, .... The

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