Ülevaatlikult

Ülevaatlikult is a term used in the law of the European Union to describe a situation where a Member State has sufficient control over certain rules or regulations, thereby requiring the application of EU rules on freedom of movement.

In essence, the concept of Ülevaatlikult involves the idea that a Member State can partially exempt certain rules or regulations from the application of EU law, provided that they are subject to the State's own control. This is in contrast to cases where EU rules take precedence over national laws, due to the State's lack of control over certain areas.

The concept of Ülevaatlikult is often used in the context of directives, which are EU regulations that require Member States to achieve a certain objective, but allow them to choose the means of doing so. In such cases, the State's rules or regulations can be subject to Ülevaatlikult, provided that they are authentically implementing EU directives and not unilaterally deviating from previously agreed-upon regulations.

In the European Court of Justice (ECJ) judgment in Van Schijndel, "type B" directives, that are those where the direct application of EU legislation is precluded, the Ülevaatlikult concept provided decisive weight for the protection of individual freedom of movement. The issue addressed by the ECJ essentially translated to whether a member state has authentic influence with regard to secondary regulations stemming from type-B directives.

The application of Ülevaatlikult has significant implications for the balance of power between Member States and the European Union, as it has the potential to reduce the reach of EU law into areas previously under Member State jurisdiction.