Free Movement Of Persons Within The European Community

Arguably, The most important element in any system of economic integration is the freedom of movement of persons. In this as in other initiatives, The European Community has taken the lead, and emerging economic unions and common markets elsewhere in the world take full cognizance of the EC's successes and failures as this fundamental right has developed under European law. The present volume provides a comprehensive overview of this body of law, encompassing 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, 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, The rights of third country nationals (especially their position under the EURODAC regulation), And The rights of families and individuals to housing and education. 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. The authors also consider what obstacles remain to this freedom, and what future developments might take place in this area of Community law.

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.

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.

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.

This Handbook focuses on the complexity surrounding the interaction between trade, labour mobility and development, taking into consideration social, economic and human rights implications, and identifies mechanisms for lawful movements across borders and their practical implementation.

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.

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.

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.