Free Movement Of Persons In The Enlarged European Union

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.

"The right of European Union citizens to move and reside freely in any of the Member States is a fundamental right contained within the Treaty on European Union and the Treaty establishing the European Community. This is the only work available to provide clear, comprehensive and up-to-date guidance on this complex but vital subject."--BOOK JACKET.

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.

Drawing upon socio-legal research, this insightful book considers labour migration within the context of ('eastward') European Union enlargement. Specifically, this volume explores the legal rights of accession nationals to access employment, their experiences once in work and their engagement with broader family and social entitlement. By combining analysis of the legal framework governing free movement-related rights with analysis of qualitative data gained from interviews with Polish migrants, this volume is able to speculate on the significance the status of Union citizenship holds for nationals of the recently-acceded CEE Member States. Citizenship is conceptualised not merely as rights but as a practice; a real 'lived' experience. The citizenship status of migrants from the CEE Member States is shaped by formal legal entitlement, law in action - as it is implemented by the Member States and 'accessed' by the migrants - and social and cultural perceptions and experiences 'on the ground'.

Exploring a key aspect of European integration, this clear and thoughtful book considers the remarkable experiment with common rights and citizenship in the EU. Governments around the world traditionally distinguish insiders (citizens) from outsiders (foreigners). Yet over the past half-century, an extensive set of supranational rights has been created in Europe that removes member governments' authority to privilege their own citizens, a hallmark of sovereignty. The culmination of supranational rights, European citizenship not only provides individuals with choices about where to live and work but also forces governments to respect those choices. Explaining this innovation--why states cede their sovereignty and eradicate or redefine the boundaries of the political community by including "foreigners"--Willem Maas analyzes the development of European citizenship within the larger context of the evolution of rights. Imagining more than simply a free trade market, the goal of building a "broader and deeper community among peoples" with a "destiny henceforward shared"--creating European citizens--has informed European integration since its origins. The author argues that its success or failure will not only determine the future of Europe but will also provide lessons for political integration elsewhere.

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.

European Union Enlargement offers an intense and detailed analysis of the almost ten-year process of preparing and negotiating the accession of Eastern, Southeastern, and Central European countries, as well as Mediterranean countries to the European Union. In the end, ten joined in 2004, with two more to follow in 2007. European Union Enlargement was written by two diplomats who were directly involved in that process. Sajdik and Schwarzinger relate their first-hand experience of proceedings that occurred behind closed doors. They detail how the vision of adding some countries gradually developed into the concrete policy intended to enlarge the European Union. A special chapter explains the Accession Process as well as the Union's strategy that prepared the candidate countries, in legal and economic terms, for membership. The authors describe in detail the complex negotiations that occurred from 1998 to 2002. These include activities of EU member states as well as the European Commission with respect to the candidate countries. They further offer a brief analysis of future possibilities of EU-accession by Balkan nations and Turkey. A number of topical chapters deal with particular key issues involved in the process: free movement of workers, agriculture, financing of the enlargement, transport, and nuclear safety. Other chapters deal with the enclave of Kaliningrad as well as the Stability and Association Pact for South East Europe. In addition to providing key information about the process, this volume is also a case study of European policies and diplomatic practice. The enlargement negotiations from 1998 to 2002 were the most complex ones the European Union had ever conducted. In consequence, this work gives insight into the working methods of both the institutions in Brussels and of the representatives of the member states that made them a success. It will be of interest to those concerned with European politics, international organizations, and area studies.

This book critically analyses the case law on EU citizenship in relation to its personal free movement rights, its status on the primary law level, and EU fundamental rights protection. The book exposes the legal space where EU citizenship variably loses or gains legal relevance, and questions how this space can be overcome. Through a thorough analysis of the core personal free movement rights of residence, family reunification, equal treatment and equal political participation, the book demonstrates how the development of the case law of the Court of Justice of the European Union has generated a two-tiered legal concept of EU citizenship. Depending on the nature of the legal claim at hand, EU citizenship may appear as a poor legal personhood for exercising free movement rights; sometimes pushing the individual who is in a factual cross-border situation out of the scope of Union law. Contrastingly, in other strands of the jurisprudence, we see EU citizenship and its primary law levelled-rights stretch the jurisdictional scope of Union law, triggering the EU's Charter of Fundamental Rights for review of the individual case. The book enhances the understanding of the legal concept of EU citizenship in Union law and contributes to the debate on the future development of EU citizenship, its relationship to the Charter, and the strength of its legal position for the person who exercises freedom of movement.