A Historical Analysis On Legal Integration Of Freedom To Establish And Provide Services During The Initial Stage Of EEC (1957-1987)

Freedom of establishment and service is of prime importance in the European Community legal system, which constitutes one of the Four Freedoms. The author of this dissertation focuses on the legal history of establishment and service during the initial 30 years after the establishment of European Economic Community, based on documents accumulated during her study in France. The author strives to explore the essence of EC legal integration from the angle of legal history.Apart from the introduction and conclusion section, this dissertation is divided into four parts.The first part of this dissertation introduces the background of EC legal integration. After the WWII, six western countries constituted the European Atomic Energy Community European Economic Community, a supra-nation which aimed at establishing a common market. The EEC is a corollary of regional economic integration and a common market, with its core value of cultivating law spirit. After 30 years of chronic slow growth of development, the EC issued the Single European Act, indicating a long stride reform and scheduling for future steps. On 11th December 1991, Maastricht Treaty was promulgated, indicating the establishment of European Union, which took effect on 1st November 1993. The EC had two years' transition period into European Union. Currently, the number of member states has evolved into 27, and the constitution process had also been initiated. This part of dissertation grasps the time period between 1957 and 1987 and briefly introduces EC legal integration.In the second part, the author analyses the national regulatory barriers in the EC service market, including horizontal barriers, additional regulation compliance costs due to not-acknowledging a foreign firm's compliance with regulation in its home country, barriers to establishment, operational restrictions, restrictions on the use of foreign services and other barriers. This part illustrates how the EC institutions worked to improve the freedom of service and establishment through legislation and case law.The third part focuses on the development of freedom to establish. Through quoting cases and treaty, the author illustrates the definition, effects and application sphere. Then, the author explores relevant issues concerning establishment of companies and several eye-catching problems, such as non-discriminatory principles, non-discriminatory measures and relation between social benefits and treaty.The fourth part emphasizes freedom of services. The author deals with definition, effects and restrictions on freedom to provide services according to the EEC Treaty and case law. In addition, explores several important issues, which are freedom to receive services, restrictions on social benefits contrary to Article 59, and justification on restriction of services. At last, the author brings two prime principles, these are, mutual recognition approach and superior position of EC law.In the conclusion part, the author reiterates the process of restraining trade to promoting trade by EC. Through years of joint efforts, the EC had gradually realized the aim of creating a common market without frontier. These 30 years have far-reaching impacts on later moves, such as the establishment of EU, Euro zone, and EU constitutional process. Being aware of this legal history does not only benefit us by consolidating EU-China bi-lateral and multi-lateral communication, but also provides us reference value in terms of mainland's regional trade and legal integration with Taiwan, Hong Kong and Macau.