
Free Movement of Persons within the European Community
Description
Alles über E-Books | Antworten auf Fragen rund um E-Books, Kopierschutz und Dateiformate finden Sie in unserem Info- & Hilfebereich.
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 volume-a revised and updated edition of the important work first
published in 2001-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 perspectives-legislative and
judicial, at domestic, EC and international levels-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.
More details
Other editions
Additional editions

Content
- Cover
- Half Title Page
- Editorial Board
- Title Page
- Copyright Page
- Table of Contents
- Acknowledgements
- Preface
- Abbreviations
- Chapter 1 Introduction
- 1.1. Note on Historical and Socioeconomic Contextual Matters
- 1.2. Significance of the Freedom of Movement of Persons
- 1.3. European Citizenship: The Human Face of Market Freedoms
- 1.3.1. Bulgaria and Romania's Accession
- 1.3.2. Turkey's Accession
- 1.4. The Principles of Non-Discrimination and Proportionality
- 1.5. The Institutional Framework
- 1.6. Material Covered in Subsequent Chapters
- Chapter 2 Basic Legal Provisions Governing the Free Movement of Persons
- 2.1. Introduction
- 2.2. Background to EC Developments
- 2.2.1. The ECSC Treaty
- 2.2.2. The EAEC Treaty
- 2.2.3. Other Developments - EC Treaty and Schengen
- 2.3. Relevant Provisions of the EC Treaty Concerning the Free Movement of Persons
- 2.3.1. Title I of the EU Treaty
- 2.3.2. Impact of Principles Contained in Part I of the EC Treaty
- 2.3.3. The Effect of Articles 14(2) and 18(1) EC
- 2.3.4. Part III, Title VI, Chapters 1-3 EC
- 2.3.4.1. Chapter I: Articles 39-42 EC
- 2.3.4.2. Chapter II: Articles 43-48 EC
- 2.3.4.3. Chapter III: Articles 49-55 EC
- 2.4. Other Relevant EC Treaty Provisions
- 2.5. Impact of the Maastricht Treaty
- 2.6. Alterations Made to EC Treaty by the Amsterdam Treaty
- 2.7. Title IV (Articles 61-69) of Part III of the EC Treaty
- 2.7.1. Substantive Legal Rules with Special Reference to Visas
- 2.7.2. Special Features of the Legislative Procedure: Limited Jurisdiction of the Court
- 2.7.3. Protocols Governing the Position of the United Kingdom, Ireland and Denmark
- 2.8. The Schengen Agreements
- 2.9. Effect of the Amsterdam Treaty on the Schengen System
- 2.10. The Effect of the Schengen Acquis on the United Kingdom, Denmark, Iceland and Norway
- 2.11. Fragmentation and Future Application of the Schengen Acquis
- 2.12. The Report of the High Level Panel and Some Subsequent Developments
- Chapter 3 Free Movement of Workers and Related Matters
- 3.1. Introduction
- 3.2. The Scope of Freedom of Movement of Workers
- 3.2.1. Territorial and Personal Scope of Freedom of Movement of Workers
- 3.2.2. Exception for Employment in the Public Service
- 3.2.3. Rights of Movement, Entry and Residence
- 3.2.4. Family Members
- 3.3. The Provisions of Part I of Regulation 1612/68
- 3.3.1. Eligibility for Employment (Title I)
- 3.3.2. Equality of Treatment in Employment (Title II)
- 3.3.2.1. Prohibition of Discrimination in Relation to Conditions of Employment
- 3.3.2.2. Social Advantages
- 3.3.2.3. Indirect Discrimination and Tax Advantages
- 3.3.2.4. Vocational Schools
- 3.3.2.5. Discriminatory Clauses in Collective Agreements
- 3.3.2.6. Trade Union Rights
- 3.3.2.7. Housing
- 3.3.3. Families (Title III)
- 3.3.3.1. The Families of Workers
- 3.3.3.2. The Right to Remain after Employment
- 3.3.3.3. Other Rights of Migrant Workers
- 3.3.3.4. Educational Rights Available to Migrant Workers, Their Children and Others
- 3.3.3.4.1. Introductory Remarks
- 3.3.3.4.2. Children of Migrant Workers
- 3.3.3.4.3. The Position of Workers
- 3.3.3.4.4. Vocational Training Policy
- 3.3.3.4.5. Legislation Concerning Students
- 3.4. Posted Workers
- 3.4.1. Introductory Remarks
- 3.4.2. Provisions of the Directive
- 3.4.3. Possible Incompatibility of Certain Provisions of the Directive with EC Law
- 3.4.4. A Few Commission Proposals
- 3.4.5. The Withdrawn 1999 Proposal on the Posting of Third-Country Nationals
- 3.5. The Provision of Services by Third-Country Nationals Established Within the Community
- Chapter 4 Freedom of Establishment
- 4.1. Introductory Remarks: The Relationship between Freedoms
- 4.2. Relevant Secondary Legislation and the Court's Approach to its Limitations
- 4.3. EC Treaty Provisions and Exceptions
- 4.3.1. The Exception for the Exercise of Official Authority
- 4.3.2. The Impact of Articles 295 and 86(2) EC
- 4.3.3. The Direct Effect of Article 43 EC and a Few of Its Consequences
- 4.4. Coordinating Directives and the Mutual Recognition of Qualifications
- 4.4.1. The Lawyers' Directive of 1998
- 4.4.2. The General Systems for Mutual Recognition
- 4.4.2.1. The First General System Directive and Related Matters
- 4.4.2.2. Directive 92/51/EC
- 4.4.2.3. Reflections on the General System Directives and Their Implementation
- 4.4.2.4. Additional Characteristics of Directive 2005/36/EC
- 4.4.2.5. Qualifications Obtained in Non-Member States
- 4.5. Ambit of Article 43 EC
- 4.5.1. General Scope of Application
- 4.5.2. Can a National Invoke Article 43 Against His or Her Own State?
- 4.6. Establishment and Companies
- 4.6.1. Beneficiaries
- 4.6.2 Discriminatory and Other Rules Imposing Restrictions and Disadvantages on Companies with Registered or Principal Offices in Another Member State
- Chapter 5 Freedom to Provide and Receive Services
- 5.1. Introductory Remarks
- 5.2. Scope of the Provisions on Services
- 5.2.1. The Direct Effect of Article 49 EC
- 5.2.2. Distinction from Other Fundamental Freedoms
- 5.2.3. The Scope of the Rules Governing Services
- 5.2.4. Circumvention of the Law and Fraud
- 5.3. Freedom to Receive Services
- 5.4. Justifications for Restrictions
- 5.4.1. Treaty Rules
- 5.4.2. Other Grounds for Justifications Developed by the Court
- 5.4.3. The Treatment of Indistinctly Applicable Rules
- 5.4.4. Justification in Cases Unconnected with Professional Rules
- 5.4.5. Alpine Investments and Certain Rules on the Free Movement of Goods
- 5.4.6. Tourism for Medical Treatment
- 5.4.7. General Comments
- Chapter 6 Derogations and Limitations
- 6.1. Introductory Remarks
- 6.2. Public Policy and Security
- 6.3. The Public Policy Requirement of Personal Conduct of Natural Persons
- 6.4. Public Policy Relating to Migrants and Companies
- 6.4.1. Sanctions that May be Imposed on Migrants
- 6.4.2. Public Policy and Companies
- 6.5. Public Health
- 6.6. Procedural Safeguards
- 6.7. Further Limitations
- Chapter 7 European Citizenship
- 7.1. Introduction
- 7.2. Developments before the Maastricht Treaty
- 7.2.1. Passport Union and Special Rights
- 7.2.2. The Two Adonnino Committee Reports
- 7.2.3. Commission Communication on a People's Europe
- 7.2.4. Voting Rights in Local Elections
- 7.3. European Citizenship and the Intergovernmental Conference
- 7.3.1. Early Contributions to the Elaboration of the Concept
- 7.3.2. The Approach Taken by the European Parliament
- 7.3.3. The Commission's Proposals
- 7.3.4. The Agreement on the Draft Treaty on European Union
- 7.4. Differing Concepts of Union Citizenship
- 7.5. Definition of Union Citizenship
- 7.5.1. Rights and Duties
- 7.5.2. Important Decisions Concerning Movement and Residence Rights
- 7.5.3. The Position of Lawfully Resident Citizens
- 7.5.4. Reluctance of the Court in Certain Decisions
- 7.6. Relevant Provisions of Directive 2004/38/EC
- 7.7. Reactions to the Concept of Citizenship
- 7.8. Recent Developments
- 7.9. Concluding Remarks
- Chapter 8 The Rights of Third-Country Nationals in the EC
- 8.1. Introduction
- 8.2. The Effect of International Agreements
- 8.3. Early Developments in the Field of Immigration
- 8.4. The 1998 Action Plan
- 8.5. The Meeting at Tampere
- 8.6. Measures and Proposals Concerning Immigration
- 8.7. The Family Reunification Directive
- 8.7.1. The Application
- 8.7.2. Family Members
- 8.7.3. Restrictions on the Exercise of the Right
- 8.7.4. Reunification of Refugees
- 8.7.5. Entry and Residence of Family Members
- 8.8. Long-term Resident Third-Country Nationals
- 8.9. Migration for the Purpose of Studies, Pupil Exchange, Unremunerated Training or Voluntary Service
- 8.10. Proposed Directive on Entry and Residence for Paid Employment
- 8.11. Asylum
- 8.11.1 Introductory Remarks
- 8.11.2 Dublin II
- 8.11.3 Minimum Standards for the Reception of Asylum Seekers
- 8.12. Minimum Standards on Procedures
- 8.13. Council Directive on Qualification and Status as Refugee
- 8.14. Eurodac
- 8.15. The Temporary Protection Directive
- 8.16. Concluding Remarks
- Chapter 9 International Agreements and Free Movement
- 9.1. Introduction
- 9.1.1. Types of International Agreements and Legal Bases
- 9.1.2. Jurisdiction of the European Court of Justice
- 9.1.3. Division of Competences to Conclude Agreement
- 9.1.4. The European Economic Area Agreement
- 9.2. The Association Agreement with Turkey
- 9.2.1. Introductory Remarks
- 9.2.2. Relevant Provisions of the Agreement and the Additional Protocol Concerning Workers
- 9.2.3. Decision 1/80 of the Council of Association and Workers
- 9.2.3.1. Scope
- 9.2.3.2. Effects of Article 6(1) of Decision 1/80
- 9.3. Some of the Concepts Used in Article 6(2)
- 9.3.1. Persons Duly Registered as Belonging to the Labour Force
- 9.3.2. The Concept of Legal Employment
- 9.3.3. Transposition of Rules of Community Law
- 9.4. Article 7 and Its Effects
- 9.5. Priority for Turkish Workers
- 9.5.1. Admission of Children to Educational Courses and Such
- 9.5.2. Non-Discrimination: The Provisions of Article 10
- 9.5.3. Rights of EC Member State Nationals
- 9.5.4. Safeguard Clause
- 9.5.5. Standstill Clause
- 9.5.6. Applicable Limitations
- 9.5.7. Exchange of Information
- 9.5.8. Social and Cultural Advancement of Turkish Workers and Their Families
- 9.5.9. Provisions of the Agreement and the Additional Protocol Concerning Establishment and Services
- 9.6. The Euro-Mediterranean Agreement with Tunisia
- 9.6.1. Introductory Remarks
- 9.6.2. Employment, Establishment and Services
- 9.6.3. Cooperation on Social Policy and Employment
- 9.7. The Partnership and Cooperation Agreement with Russia
- 9.7.1. Introductory Remarks
- 9.7.2. Labour Conditions
- 9.7.3. Rules Governing the Establishment and Operation of Companies
- 9.7.4. The Cross-Border Supply of Services
- 9.7.5. General Provisions
- 9.7.5.1. Article 46
- 9.7.5.2. Article 48
- 9.7.5.3. Article 50
- 9.8. The General Agreement on Trade in Services
- 9.8.1. Introductory Remarks
- 9.8.2. Supply of Services Through 'Natural Persons'
- 9.8.3. Specific Commitments of the EC and Its Member States
- Table of Cases
- Table of Treaties
- Bibliography
- Index
- Back Cover
System requirements
File format: PDF
Copy-Protection: Adobe-DRM (Digital Rights Management)
System requirements:
- Computer (Windows; MacOS X; Linux): Install the free reader Adobe Digital Editions prior to download (see eBook Help).
- Tablet/smartphone (Android; iOS): Install the free app Adobe Digital Editions or the app PocketBook before downloading (see eBook Help).
- E-reader: Bookeen, Kobo, Pocketbook, Sony, Tolino and many more (only limited: Kindle).
The file format PDF always displays a book page identically on any hardware. This makes PDF suitable for complex layouts such as those used in textbooks and reference books (images, tables, columns, footnotes). Unfortunately, on the small screens of e-readers or smartphones, PDFs are rather annoying, requiring too much scrolling.
This eBook uses Adobe-DRM, a „hard” copy protection. If the necessary requirements are not met, unfortunately you will not be able to open the eBook. You will therefore need to prepare your reading hardware before downloading.
Please note: We strongly recommend that you authorise using your personal Adobe ID after installation of any reading software.
For more information, see our eBook Help page.