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"Freedom of movement -- European Union countries"
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Democratic Citizenship and the Free Movement of People
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.
eBook
Partnership Rights, Free Movement, and EU Law
This book considers the case for modernising partnership rights in EC family reunification law. Existing Community law traditionally guarantees immigration rights only to spouses and yet there is a growing diversity of national laws on same-sex marriage, registered partnerships and recognition of cohabitation. The Community institutions which have recently framed new legislation seem to view this as a question that can be settled by political agreement with little or no outside constraint. The book challenges this assumption. The book outlines recent developments in national legal systems and traces the development of the recent Community legislation. Then, drawing on basic ECHR principles, the place of the ECHR in Community law, and on basic Community law principles of free movement and discrimination the book argues that the right of a migrant EU Citizen to family reunification for a cohabiting partner is presumptively protected and therefore justification for refusing to admit such partners must be provided. It also considers the possible justifications for marriage-partners only immigration policies and concludes that although possible, such justifications are far from certain to succeed. The discussion also tackles the question of whether judicial activism is appropriate or whether there should be judicial deference to the legislative process recently completed. The book concludes with a wider discussion of the proper response of Community law to the increasing diversity of Member States family laws and policies beyond the field of immigration rights. The book will be of value not only to immigration lawyers, but also to those interested in partnership rights generally, as well as to a wider audience of EU lawyers, primarily academics but also graduate students and practitioners.
eBook
The new minorities of Europe
The New Minorities of Europe: Social Cohesion in the European Union argues that while the EU currently faces economic issues, it is pressed with larger questions and potential problems due to the backlash against those who move freely inside the union. It uses the intra-EU migrants, particularly the Polish community who moved post-2004 into Britain and to a lesser extent Ireland, as the case through which to examine these issues. The book argues that the traditional definitions of minorities and migrants are no longer valid in the EU and we should look at all groups collectively through a continuum of social cohesion based on their ability to access rights. The book traces the development of free movement in the EU, the movement of the intra-EU migrants, and the challenges and growing chilly climate they and other non-EU immigrants face across Europe. The book concludes with a proposal for the development of a High Commission on Social Cohesion in the European Union similar to the OSCE High Commissioner on National Minorities who could use Quiet Diplomacy to try to work with minority groups in all their forms and the EU member states to address these issues.
eBook
The End of Territoriality?
Through analyzing the implementation of a series of European Court of Justice rulings in the key member states of Germany, France and the UK, The End of Territoriality brings the high impact issue of policy changes to the foreground. The time sequencing of such changes is traced and scrutinized through a detailed investigation by Obermaier, followed by a comprehensive illustration on the full impact the policy amendments have had on the welfare states. By drawing extensively on original sources and new material, this volume will be of key interest to those studying and working within social policy, welfare, political sociology, and European law.
eBook
Service Provision and Migration
Service Provision and Migration provides a thorough overview of EU and WTO service trade liberalization related to movement of natural persons (GATS Mode 4) and the implementation of the resulting obligations within Dutch and UK immigration law.
eBook
State and Market in European Union Law
An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.
eBook
Family Reunification in the EU
This monograph examines the intricate legislative and jurisprudential scenario of family reunification between EU citizens and third country nationals that has developed in the European Union over the last 50 years. Focusing on family residence rights granted to third country national family members of EU citizens, it examines one of the largest sectors affected with over two hundred thousand permits granted each year. In addition to its practical significance, the field has been the object of a lively debate which has yet to be systematically analysed. Using a historical approach, it illustrates the development of the legislation and of the case law on the issue considering the factors that influenced the choices of the EU Legislator and of the Court over the years. It also suggests what future path the Court could take when deciding on cases in the field in order to reinforce the protection of families. This important research ensures full understanding of the EU legislation and of the Court’s jurisprudence and allows for its correct application by Member States. Volume 73 in the Series Modern Studies in European Law
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Free Movement of Persons Within the European Community
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.
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