It also includes secondary legislation in the realms of freedom of movement for workers, right of establishment
and freedom to provide services, equal pay and treatment, worker protection, free movement of goods, competition law, and consumer protection.
The Commission considers that these provisions may unduly restrict the free movement of capital and the right of establishment
. Having analysed the Spanish reply to the letter of formal notice, the Commission still considers that the prior authorisation procedure for the above-mentioned acquisition operations goes beyond what is necessary to safeguard the minimum supply of essential energy products and services and may deter investment from other member states, in violation of the freedom of capital movement and the right of establishment
The free movement of services is closely linked to the free movement of people and the right of establishment
. Services also play an important role in many stages of the production of goods.
'The Commission is concerned that certain provisions of that law could act as a disincentive on investment from other member states in violation of EC treaty rules on the free movement of capital and the right of establishment
,' the Commission said.
"The Commission is concerned that certain special rights given to the Danish government in the Act on Copenhagen Airports and the Articles of Association of Copenhagen Airports could impede investment and so constitute barriers to the freedom of capital movements and the right of establishment
," the Commission said.
It assures right of establishment
for firms from one signatory country in another, the right to majority ownership of local firms by foreign ones, and equal treatment by national authorities for foreign and local companies.
In principle, while the freedom to provide services provision focuses on cross-border activities, the right of establishment
applies to activities a foreign EU citizen engages in from an establishment within another EU country.
When the provider must locate near the customer, as is often the case, international trade concerns spill over into immigration and foreign investment issues, since the provider must be able to bring in its special workers and have some "right of establishment
." Further, services have in general been more subject to regulation at home than has the manufacture of goods.
(By contrast, in the context of trade and capital movements, nondiscrimination usually refers to the prohibition of discrimination among foreign residents of different nationalities; the concept is similar to that of a most-favored-nation clause, that is, benefits of any liberalization must be extended to all foreign countries on a nondiscriminatory basis.) Although the right of establishment
and the right to provide services in other member states without being subject to any restrictions based on nationality were set forth in the Treaty of Rome, legislative action by the Community and decisions of the European Court of Justice have been necessary to give practical effect to these rights.