Citizenship Nationality And Access To Public Service Employment
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Citizenship Nationality And Access To Public Service Employment
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Author : Jolanda Emmelien Beenen
language : en
Publisher: ISBS
Release Date : 2001
Citizenship Nationality And Access To Public Service Employment written by Jolanda Emmelien Beenen and has been published by ISBS this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Business & Economics categories.
The principle of free movement of workers within the European Union is of great importance to the functioning of the internal market. As a result, exceptions to the fundamental principles of the European Union are kept to a minimum and are interpreted narrowly. One of the exceptions to the free movement of workers is the so-called 'public service' exception, which is laid down in Article 39 (4) (ex Article 48 (4)) of the EC Treaty. The main object of this book is to analyse this exception, both at the European level and the national level. In the first part of the book the author analyses in detail, the case law of the European Court of Justice dealing with the correct interpretation of the public service exception. Attention is also paid to the concepts of nationality and (European) citizenship. National legislation dealing with nationality requirements for employment in the public service in the Netherlands, Belgium and the United Kingdom are explored in the second part of the book. The book also offers a more general comparison of nationality requirements as they can be found in a number of other EU Member States. About the author: Jolanda Emmelien (Nanda) Beenen (1969) was born in Emmen, the Netherlands. She graduated in fiscal economics (1993) and Dutch law (1994) at the Erasmus University Rotterdam. She received an LL.M. from Cambridge University, Lucy Cavendish College, in the United Kingdom (1995). From 1996 to 2000 she held an Ph.D. research assistant post at the Netherlands Institute for Social and Economic Law (NISER), now the G.J. Wiarda Institute of Utrecht University. Since 1 December 2000 she is employed as a lawyer at the legal department of the Dutch Ministry of Agriculture, Nature Management and Fisheries.
Citizenship Rights And Freedom Of Movement In The European Union
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Author : Francesco Rossi dal Pozzo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2013-07-11
Citizenship Rights And Freedom Of Movement In The European Union written by Francesco Rossi dal Pozzo and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-11 with Law categories.
Although EU citizenship may appear to be a straightforward and unproblematic matter – each citizen of a Member State is a citizen of the Union – there are in fact situations in which EU citizenship status can become a thorny issue, at times even determining the outcome of a case. Because the rights automatically recognized with nationality most clearly involve the fundamental right of moving and residing freely, the case law relating freedom of movement with EU citizenship status is extensive and reaches into many areas of practice at every level. Prompted by the declaration of 2013 as the ‘Year of Citizens’, the author of this book offers a detailed analysis of the rationales underlying the development of the EU citizenship concept, the directives and regulations that define citizen status, and the cases that have so far worked to clarify the meaning and limits of such status, all with particular attention to the obstacles that still come between the actual exercise of rights in everyday life. The multifarious issues raised include the following: the Charter of Fundamental Rights and the EU citizen’s status; changes introduced by the Treaty of Lisbon; limitations on Member States with regard to granting and revoking nationality; participation of EU citizens in the decision making processes governing the EU; right to recourse to the European Ombudsman; right of access to documents; registration at a host Member State’s competent public offices; limitations of entry due to reasons of public policy, public security, and public health; procedural safeguards in the case of measures limiting freedom of movement; the condition of migrant workers; restrictions to freedom of movement for ‘employment in the public sector’; and the condition of family members of EU citizens. An appendix gathers legislative documents most often cited in the case law. Closely examining the various institutions concerned, case law (Member State as well as Court of Justice), and legislative innovations, the author concentrates on identifying and overcoming those obstacles that still prevent full enjoyment of EU citizenship rights. While the clear demarcation of issues will be of especial practical value in anti-discrimination cases, legal academics and jurists will appreciate the book’s signal new contribution to a classic theme of the European Union.
The Impact Of European Rights On National Legal Cultures
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Author : Miriam Aziz
language : en
Publisher: Hart Publishing
Release Date : 2004-07
The Impact Of European Rights On National Legal Cultures written by Miriam Aziz and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-07 with Law categories.
This book contributes to the debate about the impact of European Community Law on the national constitutional orders and cultures of the respective Member States. The author examines the doctrine of sovereignty as a mechanism within which this impact may be best assessed and in particular how it underwrites the tension between European Union rights and the rights provided by the respective legal orders of the Member States. In particular the book focuses on political,social and civil rights, drawing from T.H. Marshall's typology. In endorsing an appropriate analytical framework, the book challenges both existing law and secondary literature in order to argue that the terminology, the concepts and the tools which are used to assess the impact of the EC law on the national constitutional orders are to be selected with great care. This is particularly apposite given the complexity of constitutional diversity, in terms of national constitutions and their reception of EC law. It is also important because of the variety of approaches involved in the constitutional adjustment of the acquis of the Union within the context of the increasing drive to constitutionalisation of the Union on the one hand and enlargement on the other.
Free Movement Of Persons Within The European Community
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Author : Anne Pieter van der Mei
language : en
Publisher: Hart Publishing
Release Date : 2003-02-24
Free Movement Of Persons Within The European Community written by Anne Pieter van der Mei and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-02-24 with History categories.
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.
Citizenship Public Service And The Employment Realtionsip
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Author : Simon F. Deakin
language : en
Publisher:
Release Date : 2000
Citizenship Public Service And The Employment Realtionsip written by Simon F. Deakin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.
Nationality Migration Rights And Citizenship Of The Union
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Author : Stephen Hall
language : en
Publisher: BRILL
Release Date : 2023-10-20
Nationality Migration Rights And Citizenship Of The Union written by Stephen Hall and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-20 with Law categories.
One of the most striking changes contained in the Maastricht Treaty was the establishment of a de jure `citizenship of the Union'. For the first time since the Roman Empire, peoples of Eastern, Western, Northern and Southern Europe share a common legal citizenship status. The significance of this development is potentially profound, yet it is one of the least discussed aspects of the Maastricht Treaty. In this book Stephen Hall examines the legal implications of establishing a European citizenship. He shows that Community law has never given unqualified effect to the Member States' dispositions of their nationalities, and that the Member States have had their sovereign power to confer and withdraw their nationalities qualified by the Maastricht Treaty. The book goes on to discuss the implications of Union citizenship on Community migration rights, demonstrating that the new non-economic migration rights for Union citizens are directly effective but that they are subject to a range of important limitations and conditions. Among these conditions is a residual constitutional power, contingently retained by the Member States to derogate from Community rights on the grounds of national or public security.
Citizenship Public Service And The Employment Relationship
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Author :
language : en
Publisher:
Release Date : 2000
Citizenship Public Service And The Employment Relationship written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.
The Future Governance Of Citizenship
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Author : Dora Kostakopoulou
language : en
Publisher: Cambridge University Press
Release Date : 2008-05-08
The Future Governance Of Citizenship written by Dora Kostakopoulou and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-05-08 with Law categories.
In much of the citizenship literature it is often considered, if not simply assumed, that citizenship is integral to the character of a self-determining community and that this process, by definition, involves the exclusion of resident 'foreigners'. Dora Kostakopoulou calls this assumption into question, arguing that 'aliens' are by definition outside the bounds of the community by virtue of a circular reasoning which takes for granted the existence of bounded national communities, and that this process of collective self-definition is deeply political and historically dated. Although national citizenship has enjoyed a privileged position in both theory and practice, its remarkable elasticity has reached its limit, thereby making it more important to find an alternative model. Kostakopoulou develops a new institutional framework for anational citizenship, which can be grafted onto the existing state system, defends it against objections and proposes institutional reform based on an innovative approach to citizenship.
Fissures In Eu Citizenship
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Author : Martin Steinfeld
language : en
Publisher: Cambridge University Press
Release Date : 2022-01-06
Fissures In Eu Citizenship written by Martin Steinfeld and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-06 with Law categories.
EU citizenship law is revealed to have been a tragedy thirty years in the making in the era of Brexit.
The Oxford Handbook Of Citizenship
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Author : Ayelet Shachar
language : en
Publisher: Oxford University Press
Release Date : 2017-08-03
The Oxford Handbook Of Citizenship written by Ayelet Shachar and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-03 with Law categories.
Contrary to predictions that it would become increasingly redundant in a globalizing world, citizenship is back with a vengeance. The Oxford Handbook of Citizenship brings together leading experts in law, philosophy, political science, economics, sociology, and geography to provide a multidisciplinary, comparative discussion of different dimensions of citizenship: as legal status and political membership; as rights and obligations; as identity and belonging; as civic virtues and practices of engagement; and as a discourse of political and social equality or responsibility for a common good. The contributors engage with some of the oldest normative and substantive quandaries in the literature, dilemmas that have renewed salience in today's political climate. As well as setting an agenda for future theoretical and empirical explorations, this Handbook explores the state of citizenship today in an accessible and engaging manner that will appeal to a wide academic and non-academic audience. Chapters highlight variations in citizenship regimes practiced in different countries, from immigrant states to 'non-western' contexts, from settler societies to newly independent states, attentive to both migrants and those who never cross an international border. Topics include the 'selling' of citizenship, multilevel citizenship, in-between statuses, citizenship laws, post-colonial citizenship, the impact of technological change on citizenship, and other cutting-edge issues. This Handbook is the major reference work for those engaged with citizenship from a legal, political, and cultural perspective. Written by the most knowledgeable senior and emerging scholars in their fields, this comprehensive volume offers state-of-the-art analyses of the main challenges and prospects of citizenship in today's world of increased migration and globalization. Special emphasis is put on the question of whether inclusive and egalitarian citizenship can provide political legitimacy in a turbulent world of exploding social inequality and resurgent populism.