The Legal Framework And Social Consequences Of Free Movement Of Persons Within The European Union

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The Legal Framework and Social Consequences of Free Movement of Persons Within the European Union

Author : Elspeth Guild
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041110732
Total Pages : 192 pages
Book Rating : 4.1/5 (17 download)

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Book Synopsis The Legal Framework and Social Consequences of Free Movement of Persons Within the European Union by : Elspeth Guild

Download or read book The Legal Framework and Social Consequences of Free Movement of Persons Within the European Union written by Elspeth Guild and published by Martinus Nijhoff Publishers. This book was released on 1999 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Citizenship of the Union and Freedom of Movement of Persons

Author : Massimo Condinanzi
Publisher : BRILL
ISBN 13 : 900416300X
Total Pages : 281 pages
Book Rating : 4.0/5 (41 download)

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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.

Free Movement of Persons Within the European Community

Author : Friedl Weiss
Publisher :
ISBN 13 : 9789041125453
Total Pages : 0 pages
Book Rating : 4.1/5 (254 download)

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Book Synopsis Free Movement of Persons Within the European Community by : Friedl Weiss

Download or read book Free Movement of Persons Within the European Community written by Friedl Weiss and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Communityand’s successes and failures in guaranteeing the fundamental right to free movement of persons continue to develop against the backgrounds of domestic civil rights and international human rights obligations. Although often justified merely in terms of economic efficiency, non-discriminatory rights and freedoms of movement can be seen as constituting an essential component of the legal foundation of all European projects, and as a powerful force in the forging of a new European identity beyond the traditional nation-state. The present volumeand—a revised and updated edition of the important work first published in 2001and—provides a comprehensive, up-to-date overview of European law on the movement of persons. Its scope encompasses doctrinal basis, institutional framework, legal compliance, judicial development, and derogation on such grounds as security and health. The authors, both well-known experts in the field, comment extensively on matters including visas, free movement of workers, freedom of establishment for companies in the context of taxation, posted workers, harmonisation of professional qualifications, European citizenship, freedom to provide and receive services, agreements between the European Community and other states concerning free movement, and the rights of families and individuals to housing and education, as well as the increasingly important topic of the rights of third country nationals. In addition to providing analysis of the relevant provisions of the European Community Treaty as amended by subsequent treaties including the Treaties of Amsterdam and Nice, the book takes considerable account of all relevant secondary legislation and sometimes soft law, for example draft treaties, resolutions, and draft legislation. All of these perspectivesand—legislative and judicial, at domestic, EC and international levelsand—are here fully updated, with special attention to the far-reaching implications of the recent Residence Directive. In this new edition the authors clearly articulate what has been gained in recent years, and also consider what obstacles remain and what future developments might take place in this area of Community law. For these reasons and others, Free Movement of Persons Within the European Community, Second Edition, will continue to be of great value to legal practitioners, officials of the EC and other economic unions, academics, and students as well as to the wider public interested in the process of European integration.

The Law of the European Union and the European Communities

Author : Pieter Jan Kuijper
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154124
Total Pages : 1456 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of the European Union and the European Communities by : Pieter Jan Kuijper

Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

Free Movement of Persons in the Enlarged European Union

Author : Nicola Rogers
Publisher : Sweet & Maxwell
ISBN 13 : 0414023072
Total Pages : 774 pages
Book Rating : 4.4/5 (14 download)

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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.

European Citizenship under Stress

Author : Nathan Cambien
Publisher : BRILL
ISBN 13 : 9004433074
Total Pages : 562 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis European Citizenship under Stress by : Nathan Cambien

Download or read book European Citizenship under Stress written by Nathan Cambien and published by BRILL. This book was released on 2020-09-07 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.

Between Mobility and Migration

Author : Peter Scholten
Publisher : Springer
ISBN 13 : 3319779915
Total Pages : 270 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Between Mobility and Migration by : Peter Scholten

Download or read book Between Mobility and Migration written by Peter Scholten and published by Springer. This book was released on 2018-07-20 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book offers a critical perspective on intra-European mobility and migration by using new empirical data and theoretical discussions. It develops a theoretical and empirical analysis of the consequences of intra-European movement for sending and receiving urban regions in The Netherlands, Sweden, Austria, Turkey, Poland and Czech Republic. The book conceptualizes Central and Eastern European (CEE) migration by distinguishing between different types of CEE migrants and consequences. This involves a mapping of migration corridors within Europe, a unique empirical analysis of consequences for urban regions, and an analysis of governance responses. Next to the European and country perspectives on this phenomenon, the book focuses on the local perspective of urban regions where most mobile citizens settle (either permanently or temporarily). This way the book puts the analysis of intra-European movement in the perspective of broader theoretical debates in migration studies and beyond.

East African Community Law

Author : Emmanuel Ugirashebuja
Publisher : Brill - Nijhoff
ISBN 13 : 9789004322066
Total Pages : 542 pages
Book Rating : 4.3/5 (22 download)

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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 - Nijhoff. This book was released on 2017 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading experts in EAC and EU law, including the President of the EACJ, East African Community Law is the first comprehensive and open-access text book on EAC law which also provides a systemic comparison with the EU.

Free Movement of Persons in the European Union

Author : Eleanor Spaventa
Publisher :
ISBN 13 : 9789041124708
Total Pages : 0 pages
Book Rating : 4.1/5 (247 download)

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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.

Introduction to European Social Security Law

Author : Frans Pennings
Publisher : Intersentia nv
ISBN 13 : 9050953360
Total Pages : 415 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Introduction to European Social Security Law by : Frans Pennings

Download or read book Introduction to European Social Security Law written by Frans Pennings and published by Intersentia nv. This book was released on 2003 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: The social security of the European Union (EU) has become of vital significance for persons living or working in a EU Member State. The creation of the European Economic Area and near accession of the candidate Members (East European countries) has further increased the relevance of this law. This book describes EU social security law, beginning with the rules relevant to migrant workers. Coverage includes Regulations 1408/71 and 574/72 and the case law of the Court of Justice of the EC. The book analyses the contributions of these judgments to the developments of coordination law and to the realisation of the objective of free movement of workers. In this respect the relation of the Regulation and the EC Treaty, which is shown in for instance the Kohll and Decker judgments, is analysed. Special attention is paid to the Proposal for Simplification and Modernisation of Regulation 1408/71. A second main part of EU social security law is the law on equal treatment of men and women. The Court of Justice issued several main decisions, of which the Barber judgment is a wellknown example. Since then, the case law has been further developed and this book helps the reader to understand the present state of affairs. A separate chapter analyses the combat against social exclusion of the EU and the instruments developed for this purpose. This is the completely revised and updated fourth edition of an authoritative book.

Migration and EU Law and Policy

Author : Loïc Azoulai
Publisher : Oxford University Press
ISBN 13 : 019870853X
Total Pages : 257 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Migration and EU Law and Policy by : Loïc Azoulai

Download or read book Migration and EU Law and Policy written by Loïc Azoulai and published by Oxford University Press. This book was released on 2014-03 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a reflection of the social reality of mass migration in the EU from a legal perspective. It consists of a collection of essays reflecting on important current issues including the scope of the powers allocated to the EU, the cooperation of the EU with third countries and the emergence of international migration legal norms.

Posting of Workers in EU Law

Author : Matteo Bottero
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528648
Total Pages : 547 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Posting of Workers in EU Law by : Matteo Bottero

Download or read book Posting of Workers in EU Law written by Matteo Bottero and published by Kluwer Law International B.V.. This book was released on 2020-12-11 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.

Social Benefits and Migration

Author : Elspeth Guild
Publisher :
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Social Benefits and Migration by : Elspeth Guild

Download or read book Social Benefits and Migration written by Elspeth Guild and published by . This book was released on 2013 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the main policy controversies that have emerged in the European Union over migration and its impact on the welfare system. Does migration constitute a disproportionate burden to member states' domestic labor markets and welfare systems? Should noncitizens be entitled to social benefits in the state where they live? Is there objective evidence and statistical data indicating abuse of social benefits by noncitizens, social welfare tourism, or the welfare magnet hypothesis, in which migrants are attracted to countries that provide more generous welfare? The contributors analyze these controversies as they affect different categories of noncitizens in the framework of EU law and policy. They also examine the uses or misuses of data, information, and social science knowledge in the debates over the reliance by noncitizens on social benefits. The book concludes with a set of recommendations addressed to EU policymakers.

The Legal Framework of the European Union

Author : Sukhwinder Bajwa
Publisher : Routledge
ISBN 13 : 1135777586
Total Pages : 104 pages
Book Rating : 4.1/5 (357 download)

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Book Synopsis The Legal Framework of the European Union by : Sukhwinder Bajwa

Download or read book The Legal Framework of the European Union written by Sukhwinder Bajwa and published by Routledge. This book was released on 2005-06-28 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of the European Union continues to increase in complexity, importance and momentum, and is having an increasing effect on the lives of every person living in Britain. This book provides a focus on EC Law.

Free Movement of Persons Within the European Community

Author : Anne Pieter van der Mei
Publisher : Hart Publishing
ISBN 13 : 1841132888
Total Pages : 541 pages
Book Rating : 4.8/5 (411 download)

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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.

The EU Social Market Economy and the Law

Author : Delia Ferri
Publisher : Routledge
ISBN 13 : 1351068504
Total Pages : 347 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis The EU Social Market Economy and the Law by : Delia Ferri

Download or read book The EU Social Market Economy and the Law written by Delia Ferri and published by Routledge. This book was released on 2018-07-20 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.

Basics on European Social Law

Author : Christina Hießl
Publisher : Linde Verlag GmbH
ISBN 13 : 3709411386
Total Pages : 175 pages
Book Rating : 4.7/5 (94 download)

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Book Synopsis Basics on European Social Law by : Christina Hießl

Download or read book Basics on European Social Law written by Christina Hießl and published by Linde Verlag GmbH. This book was released on 2021-01-07 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Social Law at a glance The present book sets out – in a concise manner – the social law of the European Union. Apart from core areas of European labour law, the regulation of which is based on the EU’s competence in social policy, it covers notably the numerous rights based one the free movement of workers and other EU citizens, as well as the coordination of social security. Beyond that, the book refers to other fields of EU regulation which are prone to cause conflicts between the member states’ national social law and the relevant EU norms, which remain challenging to resolve to this day. Extensive reference is made to the case law of the European Court of Justice, which continues to have a paramount role in shaping the social law of the EU as it stands. The book is primarily aimed at students confronted with European social law for the first time. Besides, it should constitute a well-structured source of reference for law practitioners in the rising number of cases where EU law is of relevance for national legal practice.