Three-Stage Method

Question 1

Three-Stage Method

Answer 1

Determines if an EU law provision on economic integration freedoms has been infringed

Question 2

Stage 1: Which freedom and provision applies?

Answer 2

Identify the relevant Treaty freedom to the case at hand, is EU law applicable?

Assess which TFEU or secondary law provision is applicable, must be the one closest to the center of gravity

Question 3

Doctrines to be considered

(Stage 1)

Answer 3

Lex specialis

Direct effect

Whether the matter is purely internal

Question 4

Primary vs secondary law application

(Stage 1)

Answer 4

Treaties apply for cross border

Secondary law applies for both

Question 5

Stage 2: Is the provision infringed?

Answer 5

Is there a restriction?

Find discrimination, whether direct or indirect

OR assess if there has been a hindrance to accessibility and how remote/direct this hindering measure is

Question 6

Stage 3: Is the infringement justified?

Answer 6

Is the restriction of freedom properly justified through the need to balance with national interests

Question 7

Methods of justification

(Stage 3)

Answer 7

Treaty or case law
- Explain the restriction is non-discriminatory, proportional, and necessary