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Free Movement Of Persons In The Eu
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Book Synopsis Free Movement of Persons in the Enlarged European Union by : Nicola Rogers
Download or read book Free Movement of Persons in the Enlarged European Union written by Nicola Rogers and published by Sweet & Maxwell. This book was released on 2012 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rights of Third-Country Nationals under EU Association Agreements by : Daniel Thym, LL.M.
Download or read book Rights of Third-Country Nationals under EU Association Agreements written by Daniel Thym, LL.M. and published by BRILL. This book was released on 2015-07-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Reach of Free Movement by : Mads Andenas
Download or read book The Reach of Free Movement written by Mads Andenas and published by Springer. This book was released on 2017-09-26 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems. The book falls into four parts: ‘The Reach of Free Movement', ’Justifications and Proportionality’, ‘Fundamental Rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London.Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg. Specific to this book: • Up-to-date analysis of the reach of free movement within the EU Internal Market and what constitutes a restriction• Chapters by leading authorities and a number of young scholars, active in various interconnected fields, such as European law, Constitutional law and Human Rights law, international law, global governance, European trade and commercial law, European Financial Services law, and procedural law.• The strength of the content lies both in its highly practical and theoretical applicability
Book Synopsis Democratic Citizenship and the Free Movement of People by : Willem Maas
Download or read book Democratic Citizenship and the Free Movement of People written by Willem Maas and published by Martinus Nijhoff Publishers. This book was released on 2013-09-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic states guarantee free movement within their territory to all citizens, as a core right of citizenship. Similarly, the European Union guarantees EU citizens and members of their families the right to live and the right to work anywhere within EU territory. Such rights reflect the project of equality and undifferentiated individual rights for all who have the status of citizen, but they are not uncontested. Despite citizenship's promise of equality, barriers, incentives, and disincentives to free movement make some citizens more equal than others. This book challenges the normal way of thinking about freedom of movement by identifying the tensions between the formal ideals that governments, laws, and constitutions expound and actual practices, which fall short. "Individual states and the European Union have either created or permitted the creation of direct and indirect barriers to mobility that undermine the promise of freedom of movement. The volume identifies these barriers, explains why they have arisen, discusses why they are difficult to remove, and explores their consequences." -- Joseph Carens, University of Toronto.
Book Synopsis EU Law in the UK by : Sylvia de Mars
Download or read book EU Law in the UK written by Sylvia de Mars and published by Oxford University Press, USA. This book was released on 2020-06-29 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first new textbook to publish since Brexit, EU Law in the UK tackles EU law with a post-Brexit perspective interwoven throughout. It takes a uniquely contextual approach designed to enliven the learning experience, support understanding, and help students appreciate the relevance and impact of EU law. Written in a concise and accessible style, and supported by lively academic analysis, the author carefully guides students through key complexities, issues, and debates. EU Law in the UK not only supports students to understand the core elements of EU institutional and substantive law, but also to critically examine the implications on UK law of the UK's decision to leave the EU. The book's unique contextual approach offers a highly practical and engaging way to learn about EU law. The context is set at the start of each chapter by way of scenarios including real quotes from politicians, parliamentary reports, and fictional situations. Throughout the chapters, students are then invited to apply legal principles to these scenarios. This approach serves to reinforce and enliven students' learning.
Book Synopsis Free Movement of Persons Within the European Community by : Anne Pieter van der Mei
Download or read book Free Movement of Persons Within the European Community written by Anne Pieter van der Mei and published by Hart Publishing. This book was released on 2003-02-24 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis European Citizenship after Brexit by : Patricia Mindus
Download or read book European Citizenship after Brexit written by Patricia Mindus and published by Springer. This book was released on 2017-04-04 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY 4.0 license. This Open Access book investigates European citizenship after Brexit, in light of the functionalist theory of citizenship. No matter its shape, Brexit will impact significantly on what has been labelled as one of the major achievements of EU integration: Citizenship of the Union. For the first time an automatic and collective lapse of status is observed. It is a form of involuntary loss of citizenship en masse, imposed by the automatic workings of the law on EU citizens of exclusively British nationality. It does not however create statelessness and it is likely to be tolerated under international law. This loss of citizenship is connected to a reduction of rights, affecting not solely the former Union citizens but also second country nationals in the United Kingdom and their family members. The status of European citizenship and connected rights are first presented. Chapter Two focuses on the legal uncertainty that afflicts second country nationals in the United Kingdom as well as British citizens, turning from expats to post-European third country nationals. Chapter Three describes the functionalist theory and delineates three ways in which it applies to Brexit. These three directions of inquiry are developed in the following chapters. Chapter Four focuses on the intension of Union citizenship: Which rights can be frozen? Chapter Five determines the extension of Union citizenship: Who gets to withdraw the status? The key finding is that while Member states are in principle free to revoke the status of Union citizen, former Member states are not unbounded in stripping Union citizens of their acquired territorial rights. Conclusions are drawn and policy-suggestions summed up in the final chapter.
Book Synopsis Free Movement of Persons in the European Union by : Eleanor Spaventa
Download or read book Free Movement of Persons in the European Union written by Eleanor Spaventa and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Free Movement of Persons in the EU by : John Handoll
Download or read book Free Movement of Persons in the EU written by John Handoll and published by . This book was released on 1995-05-11 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: Notes recent developments in regard to the Schengen Treaty signed by eight of the member States. Examines such rules in the context of constitutional structure of the Union, the internal market imperative and the newly-created Union citizenship. Considers the position of the third-country national.
Book Synopsis Revisiting the Fundamentals of the Free Movement of Persons in EU Law by : Niamh Nic Shuibhne
Download or read book Revisiting the Fundamentals of the Free Movement of Persons in EU Law written by Niamh Nic Shuibhne and published by Oxford University Press. This book was released on 2023-08-06 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis East African Community Law by : Emmanuel Ugirashebuja
Download or read book East African Community Law written by Emmanuel Ugirashebuja and published by BRILL. This book was released on 2017-03-06 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
Book Synopsis The Coherence of EU Free Movement Law by : Niamh Nic Shuibhne
Download or read book The Coherence of EU Free Movement Law written by Niamh Nic Shuibhne and published by . This book was released on 2013-08-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a critical analysis of the Court of Justice's jurisprudence on EU free movement rights, this book explains the drivers behind the fragmentation of internal market law. It argues that the Court has a responsibility to articulate coherent framework principles applicable in national law, but also requires greater support from Member States.
Book Synopsis Citizenship of the Union and Freedom of Movement of Persons by : Massimo Condinanzi
Download or read book Citizenship of the Union and Freedom of Movement of Persons written by Massimo Condinanzi and published by BRILL. This book was released on 2008 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis EU Citizenship and Free Movement Rights by : Sandra Mantu
Download or read book EU Citizenship and Free Movement Rights written by Sandra Mantu and published by BRILL. This book was released on 2020-03-31 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU citizenship and Free Movement Rights examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for in relation to family reunification, social rights, expulsion and discusses the effects of Brexit for EU citizens.
Book Synopsis Free Movement and Non-discrimination in an Unequal Union by : Susanne K. Schmidt
Download or read book Free Movement and Non-discrimination in an Unequal Union written by Susanne K. Schmidt and published by Routledge. This book was released on 2020-09-30 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union's (EU) fundamental principles on free movement of persons and non-discrimination have long challenged the traditional closure of the welfare state. Although EU-wide free movement and national welfare appeared largely unproblematic before Eastern enlargement, the increased differences among EU member states in economic development and welfare provision have resulted in fears about potential welfare migration. Because rights of EU citizens were shaped to an important extent by jurisprudence of the European Court of Justice, these are often not very clearly delineated, and easily politicised. This comprehensive volume shows the normative limits of a strict non-discriminatory approach to EU citizens' access to national welfare and analyses how the Court developed its jurisprudence, partly reacting to politicisation. Although, empirically, free movement negatively impacts national welfare only under extreme conditions, it is notable that member states have adjusted their social policies in reaction to EU jurisprudence and migration pressure alike. Their heterogeneous institutions of national welfare, administration and labour markets imply for member states that they face very different opportunities and challenges in view of intra-EU migration. This book was originally published as a special issue of the Journal of European Public Policy.
Book Synopsis The Politics of Migration and Immigration in Europe by : Andrew Geddes
Download or read book The Politics of Migration and Immigration in Europe written by Andrew Geddes and published by SAGE. This book was released on 2003-03-26 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text fulfills a major gap by comprehensively reviewing one of the most salient policy issues in Europe today, migration and immigration. It is the first book to address the question of whether we can legitimately speak of a European politics of migration that links states in terms of their policy response to each other and to an evolving EU policy. The book carefully differentiates between different types of migration, introduces the main concepts and debates, and provides a broad comparative framework from which to assess the role and impact of individual states and the European Union (EU) and European integration to this key contemporary issue. Topical and up-to-date, the author fully reviews the politics and policies of immigration across the breadth and depth of Europe including the `older' immigration countries of France, Germany and the United Kingdom, the `newer' southern European countries, and the enlargement states of East and Central Europe. The Politics of Immigration and Migration in Europe is essential reading for all undergraduate and post-graduate students of European politics, political science and the social sciences more generally. Andrew Geddes lectures at the School of Politics and Communications Studies, University of Liverpool. `This book will be essential reading for students of migration and European integration, but will also be important for decision-makers, and, indeed, anyone who wants to understand one of the burning issues of our times' - Stephen Castles, Professor of Migration and Refugee Studies, Director of the Refugee Studies Centre, University of Oxford
Book Synopsis Controlling Frontiers by : Elspeth Guild
Download or read book Controlling Frontiers written by Elspeth Guild and published by Routledge. This book was released on 2017-05-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing in particular on the European borders, this volume brings together an interdisciplinary group of academics to consider questions of immigration and the free movement of people, linking control within the state to the role of the police and internal security. The contributors all take as the point of departure the significance of European governmentality within the Foucauldian meaning as opposed to the European governance perspective which is already well represented in the literature. They discuss the relation between control of borders, introduction of biometrics and freedom. The book makes available in English an analysis of an important and politically highly charged field from a major French critical perspective. It draws on different disciplines including law, politics, international relations and philosophy.
