Germany can not reject the British qualification, as the Qualifications Directive requires member states to accept qualifications
obtained in other member states at least equivalent to the level immediately below that which is required in the host state.
The loss of this fundamental status, as a consequence of leaving the EU, leaves many EU nationals in the UK and UK
nationals in other Member States with their EU citizenship rights, such as residency rights, uncertain.
Mr Sabou, a Czech footballer player, claimed in his Czech income tax return for 2004 expenditure incurred
in other Member States with a view to a possible transfer to another football club in the future.
Since the EU included criminal law as a field of cooperation, the UK showed a deep distrust in the fair trial guarantees
available in other member states, and demanded additional safeguards.
Over the years, Britain and the rest of the EU have constructed a system that enables the different family law systems of all 28 countries to work alongside one another with each state respecting the laws, orders and arrangements
made in each other member state.
Thus where Union citizens and family members live in the UK on the basis of the citizen's rights directive (2004/38), or Article 21 TFEU, or where UK citizens and family members live
in other member states on either of these bases, at the date of withdrawal — which will probably be 30th March 2019 — then they will continue to enjoy the same rights, including non-discrimination and rights regarding social assistance, as they did before.
As part of its armoury, the European Community has adopted myriad directives to prevent member states from insisting that citizens qualified
in other member states also obtain the domestic qualification in order to practise their profession or trade.
«The main concern is that an unexpected exit of the U.K. from the EU could lead to similar
initiatives in other member states, making Brexit the first step towards the disintegration of the union,» Antonio Barroso, senior vice-president of political risk consultancy, Teneo Intelligence, said in a report this week.
«The UK taxpayer may end up subsidising
research in other member states,» warns Valerie Ellis of the Institution of Professionals, Managers and Specialists.
Instead, it will have to be approved by a European Union that might be keen to make an example of the country that jilted it to quash similar
movements in other member states.
There are no laws which govern Forex trading, yet under the EU's objective to unite the Eurozone, regulated
brokers in any other member state may market to and accept German traders.
This means that EU citizens, who have obtained their degree and the right to practice in their country of residence, may also
practice in other Member states without the need for any exams.
Without the tool of an anti-suit injunction available to the English courts, it has been said that there may be an increase in the number of parties issuing proceedings, for tactical reasons,
in other member states in breach of an English arbitration clause.
The exceptions to the obligation of mutual recognition of driving licences issued in Member States without any formality, which balances that principle against the principle of road safety, can not be interpreted broadly without depriving of all substance the principle of mutual recognition of driving licences
issued in other Member States....
The legal mechanism, presumably, would be to say that where Brits have exercised their citizenship rights to
establish in other Member States, those citizenship rights vest, and Member States must continue to recognize them even after the individuals cease formally to be Union citizens.
In addition, the acquired rights of British nationals
residents in other Member States and vice versa should be laid down in the Withdrawal Agreement (not just as regards rights of residence and employment, but also social security and health coverage and the recognition of diplomas), as should the conditions of departure of the senior British members of the EU institutions and bodies and the relocation of the EU bodies currently established in the UK.
The Advocate General recalls that the ne bis in idem in the EU is also essential to ensure the freedom of movement of citizens (otherwise they could fear another
prosecution in other Member States) and it must work even when national systems are different and not harmonised.
Nevertheless, is the recognition of the possibility to challenge the investigations
conducted in other Member States less threatening to the aforementioned principles?
Opening a breach in the ne bis in idem by loosening the concept of the «merits of the case», would give some possibilities to other national authorities to control the exercise of investigative
powers in other Member States: would the same possibility be recognised in case a Member State, for example, did not intercept enough conversations or monitor enough bank accounts?
Hence, it may be expected that the Court's ruling might also have significant effects on the liability of network
operators in other Member States where uncertainty persists as to the liability for injunctions and their related costs.
Mr Sabou appealed against the decision and claimed during the procedure before the Supreme Administrative Court that the information obtained against him had been acquired illegally, since he had not been informed of the requests for information and not been able to take part neither in formulating the questions to the foreign tax authorities nor to take part in the examination of
witnesses in the other Member States.
There appears to be an argument that two member states agreeing to waive the exemption so that one member state is subject to
taxation in the other member state on the routes between the two member states would not affect other EU air carriers flying those routes unless both member states implemented the tax.
But we do act for many insurers who provide international covers and who have passporting arrangements in place to
trade in other Member States.
Courts would be able to deal with cross-border requests online and communicate with the claimants and defendants in a particular case as well as with
courts in other Member States.