Immigration Free Movement Of Persons And Citizenship Law
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Immigration Free Movement Of Persons And Citizenship Law
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Author : John Stanley (Barrister)
language : en
Publisher:
Release Date : 2019
Immigration Free Movement Of Persons And Citizenship Law written by John Stanley (Barrister) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Citizenship categories.
Citizenship Of The Union And Freedom Of Movement Of Persons
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Author : Massimo Condinanzi
language : en
Publisher: BRILL
Release Date : 2008
Citizenship Of The Union And Freedom Of Movement Of Persons written by Massimo Condinanzi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Political Science categories.
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.
Democratic Citizenship And The Free Movement Of People
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Author : Willem Maas
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-09-05
Democratic Citizenship And The Free Movement Of People written by Willem Maas and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-05 with Law categories.
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. "Individual states and the European Union have either created or permitted the creation of direct and indirect barriers to mobility that undermine the promise of freedom of movement. The volume identifies these barriers, explains why they have arisen, discusses why they are difficult to remove, and explores their consequences." -- Joseph Carens, University of Toronto.
Revisiting The Fundamentals Of The Free Movement Of Persons In Eu Law
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Author : Niamh Nic Shuibhne
language : en
Publisher: Oxford University Press
Release Date : 2023-08-06
Revisiting The Fundamentals Of The Free Movement Of Persons In Eu Law written by Niamh Nic Shuibhne 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 2023-08-06 with Law categories.
How 'free' is the free movement of persons? Why does the law that enables it need to be 'revisited'? This collection of essays, curated by Claire Kilpatrick and Joanne Scott for the European University Institute's 2020 Academy of European Law, addresses these questions. Across different examples - migration, posted workers, social security, Brexit, and Union citizenship - each chapter revisits the categories that have become entrenched in EU law on the free movement of persons and the boundaries that have been constructed as a result. Do they still represent meaningful differences? Are they valuable compass points or inhibitors of progress? Do they ensure comprehensive or fragmented protection of the person? In reconsidering the fundamentals of EU free movement law, the book draws attention to tensions that have not yet been properly resolved: between appropriate difference and problematic discrimination, or between the mythology and the experienced reality of free movement for the people who actually move. Its chapters consider how the free movement of persons connects to and is shaped by the EU legal spaces beyond free movement as well as by the space beyond law. The contributors do not shy away from provoking a rethink of core principles. They interrogate these fundamentals and the changing objectives of the free movement of persons to take up the challenge of doing it better: of making it both more protective of people and more resilient in ethical, systemic, and sociological terms.
Eu Citizenship At The Edges Of Freedom Of Movement
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Author : Katarina Hyltén-Cavallius
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-26
Eu Citizenship At The Edges Of Freedom Of Movement written by Katarina Hyltén-Cavallius and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.
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.
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.
Eu Citizenship And Free Movement Rights
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Author : Sandra Mantu
language : en
Publisher: BRILL
Release Date : 2020-03-31
Eu Citizenship And Free Movement Rights written by Sandra Mantu and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-31 with Law categories.
EU citizenship and Free Movement Rights examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for in relation to family reunification, social rights, expulsion and discusses the effects of Brexit for EU citizens.
Rights Of Third Country Nationals Under Eu Association Agreements
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Author : Daniel Thym, LL.M.
language : en
Publisher: BRILL
Release Date : 2015-07-28
Rights Of Third Country Nationals Under Eu Association Agreements written by Daniel Thym, LL.M. and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-28 with Law categories.
Rights of Third-Country Nationals under EU Association Agreements highlights the significance of the rules on the free movement of persons in the association agreements between the European Union and neighbouring states, in particular Turkey. It identifies overarching themes and demonstrates the pertinence of the law and the roles of judges in enforcing and developing further the rights of individuals in association agreements across borders. The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.
Free Movement Of Persons In The European Union
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Author : Eleanor Spaventa
language : en
Publisher:
Release Date : 2007
Free Movement Of Persons In The European Union written by Eleanor Spaventa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Emigration and immigration law categories.
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.
The Legal Elements Of European Identity
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Author : Elspeth Guild
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
The Legal Elements Of European Identity written by Elspeth Guild 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 2004-01-01 with Law categories.
The individual has become visible throughout Europe and within its institutions as a potential or actual rights holder. He or she is no longer defined as visible or invisible in law by the nation state alone. In today's Europe, he or she establishes identity'that is, the rights to entry, residence, work, family life, and protection from expulsion'through a multilayered legal structure involving the nation state, the EU, and the Council of Europe and all their political, administrative, and judicial arenas. In this remarkable study Elspeth Guild examines the ways in which law in Europe defines the status of the individual and his or her entitlements as regards identity. Among her enlightening approaches to this complex subject the following may be listed: the right to move across borders;the limitations of citizenship of the Union as currently construed;social benefits of citizenship;residence; immigration;family reunification;human rights of foreigners;asylum;expulsion and readmission;racial discrimination; andlong-resident third-country nationals. The analysis includes extensive reference to relevant cases, especially European Court of Justice and European Court of Human Rights decisions. This is a work of great value and insight. As more and more legislation is adopted in the area of European citizenship, courts will increasingly be called upon to articulate the relationship of individuals to the territory and society in which they find themselves. And as this inevitable development is defined, all jurists and legal academics who care for civil society in Europe will discover this deeply considered book afresh.