Free Movement of Persons in the Enlarged European Union PDF Download
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Author: Nicola Rogers
Publisher: Sweet & Maxwell
ISBN: 0414023072
Category : Law
Languages : en
Pages : 774
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Book Description
This work provides a detailed analysis of each provision of European Law that bears on free movement of persons and shows how the provisions have been interpreted by the European Court of Justice.
Author: Nicola Rogers
Publisher: Sweet & Maxwell
ISBN: 0414023072
Category : Law
Languages : en
Pages : 774
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Book Description
This work provides a detailed analysis of each provision of European Law that bears on free movement of persons and shows how the provisions have been interpreted by the European Court of Justice.
Author: Eleanor Spaventa
Publisher:
ISBN: 9789041124708
Category : Emigration and immigration law
Languages : en
Pages : 0
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Book Description
Drawing extensively on the entire body of applicable case law, this in-depth study analyses what the free movement of persons provisions of the EC Treaty have come to mean in todayand’s Europe. The author posits the emergence of a new constitutional dimension whereby the Member States bear considerable duties towards Union citizens qua citizens rather than just qua economic actorsand―a duty not to interfere with individual rights, a duty to respect individual rights, and a duty to protect individual rightsand—duties to be understood in the context of Union citizenship. Among the relevant issues scrutinised in the course of the analysis are the following: and• the refinement of the concept of discrimination; and• the notion of and‘non-discriminatory barrierand’ and remuneration in relation to the free movement of services; and• non-discriminatory barriers to the freedom of establishment and the movement of workers; and• the inadequacy of the market access test; and• the notion of Union citizenship and its impact on the economic free movement provisions; and• the right to pursue an economic activity free of disproportionate market regulation. The book contains a detailed and extensive analysis of the relevant case law. As a deeply-informed assessment of the conceptual underpinnings and normative potentialities of these fundamental Community rights, Free Movement of Persons in the European Union will be of inestimable value to academics, as well as to postgraduate students and others concerned with the ongoing process of European integration.
Author: Anne Pieter van der Mei
Publisher: Hart Publishing
ISBN: 1841132888
Category : History
Languages : en
Pages : 541
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Book Description
This book explores the extent to which European Community law confers upon individuals the right to gain access to public services in other Member States. Are European citizens and third country nationals who have moved to other Member States entitled to claim minimum subsistence benefits,to receive medical care or to be admitted to education? Does Community law provide for a freedom of movement for patients, students and persons in need of social welfare benefits? If so, to what extent does Community law have regard for the Member States' fears for, and concerns about, welfare tourism? Besides addressing numerous detailed questions on the precise degree to which Community law allows for cross-border access to public services, the author analyses how Community law, and the Court of Justice in particular, have sought to reconcile the Community's objectives of realising freedom of movement and ensuring equality of treatment with the need to develop and maintain adequate social services within the Community. In addition, the book contains a detailed analysis of United States constitutional law on cross-border access to public services, exploring the question whether the European Community can possibly learn from the American experience.
Author: Touzenis, Kristina
Publisher: UNESCO Publishing
ISBN: 923001026X
Category : Political Science
Languages : en
Pages : 150
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Book Description
Author: Massimo Condinanzi
Publisher: BRILL
ISBN: 900416300X
Category : Political Science
Languages : en
Pages : 281
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Book Description
Citizenship of the Union and Freedom of Movement of Persons, sets out to analyse in detail the various provisions of Community law which confer upon individuals the right to move about, reside and work in the Member States. It also examines the procedural safeguards which set those fundamental rights apart from any deriving from other international bodies or organisations and point up the originality of the Community system. Citizenship of the Union entails freedom of movement under the current Treaties and also under the Treaty of Lisbon, in which the unified treatment of the rules, by contrast with the existing pillars of Community and European Union law, might be expected to confer new impetus on the realisation of the area of freedom, security and justice. If there is truly to be such an area, there must be unified, not merely coordinated action. Judicial cooperation must be tightened in favour of the Union and, more importantly, individuals, be they Community citizens or indeed nationals of third countries, given the increasing trend towards a kind of integration which focuses less on formal data such as nationality and more on factors such as residence, employment and social integration. The book pays particular attention to this last aspect and its political and legal implications. The "communitarisation" of immigration policy (the new Title IV of the EC Treaty mentioned above) and the perspectives opened up by the enlargement to 27 Member States (and more) and by the Treaty of Lisbon, provide the framework for the treatment given in the present work.
Author: Elspeth Guild
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041110732
Category : Political Science
Languages : en
Pages : 192
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Book Description
This book marks thirty years of progress in realizing the free movement of persons in the European Union. Its origins are to be found in a conference held at King's College, London, organised by the Immigration Law Practitioners' Association and the Centre of European Law at King's College, London, with the sponsorship of the European Commission. The book is divided into two sections: the first deals with the implementation of rights of nationals in the European Union to move, reside and exercise economic activities in other Member States. The second part looks at the development of European law regulating the movement, residence and economic activities of third country nationals within the territory of the Union. Each of the two parts, in its own way, analyzes the relation of the black letter law to the social consequences attendant on migration within the European Union. This is an invaluable analysis for practitioners and academics concerned with the development of a legal regime on migration in the European Union.
Author: Daniel Thym, LL.M.
Publisher: BRILL
ISBN: 9004300066
Category : Law
Languages : en
Pages : 305
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Book Description
Rights of Third-Country Nationals under EU Association Agreements highlights the significance of the rules on the free movement of persons in the association agreements between the European Union and neighbouring states, in particular Turkey. It identifies overarching themes and demonstrates the pertinence of the law and the roles of judges in enforcing and developing further the rights of individuals in association agreements across borders. The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.
Author: Morten P. Broberg
Publisher: Djoef Publishing
ISBN:
Category : Law
Languages : en
Pages : 1178
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Book Description
The European Court of Justice continues to deliver many important judgments which contribute to the rapid development of EU law. However, it can be difficult to understand the significance of many of these judgments unless they are accompanied by explanatory commentaries. Free Movement in the European Union: Cases, Commentaries and Questions contains over 100 important cases on the topics of freedom of movement of goods, services, persons, and capital. All these cases are accompanied by comments and questions, providing the reader with in-depth knowledge about each of the judgments and their effects. The book has been compiled for use in connection with courses studying the rules of the EU market, but is also recommended reading for those who are interested in obtaining a more informed insight into the Court's practice. This third edition includes specific reference of 12 additional new cases in replacement of 15 cases from the previous edition.
Author: Denis Martin
Publisher: MICHIE
ISBN: 9780406065643
Category : Civil rights
Languages : en
Pages : 416
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Book Description
Following the Immigration (European Economic Area) Order 1994, there has been a substantial change of approach by the Home Office towards applications for residence which involve an element of Community law. This book helps formulate applications and advises on those community law provisions which take precedence over national law. Includes the text and analysis of all provisions of European Union law relating to free movement of persons, providing the interpretation given to each provision by the European Court of Justice and, where relevant, the legislative history.
Author: Niamh Nic Shuibhne
Publisher: Oxford University Press
ISBN: 0198886292
Category : Law
Languages : en
Pages : 225
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Book Description
How 'free' is the free movement of persons? Why does the law that enables it need to be 'revisited'? This collection of essays, curated by Claire Kilpatrick and Joanne Scott for the European University Institute's 2020 Academy of European Law, addresses these questions. Across different examples - migration, posted workers, social security, Brexit, and Union citizenship - each chapter revisits the categories that have become entrenched in EU law on the free movement of persons and the boundaries that have been constructed as a result. Do they still represent meaningful differences? Are they valuable compass points or inhibitors of progress? Do they ensure comprehensive or fragmented protection of the person? In reconsidering the fundamentals of EU free movement law, the book draws attention to tensions that have not yet been properly resolved: between appropriate difference and problematic discrimination, or between the mythology and the experienced reality of free movement for the people who actually move. Its chapters consider how the free movement of persons connects to and is shaped by the EU legal spaces beyond free movement as well as by the space beyond law. The contributors do not shy away from provoking a rethink of core principles. They interrogate these fundamentals and the changing objectives of the free movement of persons to take up the challenge of doing it better: of making it both more protective of people and more resilient in ethical, systemic, and sociological terms.
