The Legal Framework And Social Consequences Of Free Movement Of Persons Within The European Union
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The Legal Framework And Social Consequences Of Free Movement Of Persons Within The European Union
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Author : Elspeth Guild
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999
The Legal Framework And Social Consequences Of Free Movement Of Persons Within The European Union written by Elspeth Guild 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 1999 with Political Science categories.
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.
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.
Free Movement Of Persons Within The European Community
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Author : Friedl Weiss
language : en
Publisher: Springer
Release Date : 2002-02-04
Free Movement Of Persons Within The European Community written by Friedl Weiss and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-02-04 with Law categories.
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.
Free Movement Of Persons In The Enlarged European Union
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Author : Nicola Rogers
language : en
Publisher: Sweet & Maxwell
Release Date : 2012
Free Movement Of Persons In The Enlarged European Union written by Nicola Rogers and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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.
Between Mobility And Migration
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Author : Peter Scholten
language : en
Publisher: Springer
Release Date : 2018-07-20
Between Mobility And Migration written by Peter Scholten and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-20 with Social Science categories.
This open access book offers a critical perspective on intra-European mobility and migration by using new empirical data and theoretical discussions. It develops a theoretical and empirical analysis of the consequences of intra-European movement for sending and receiving urban regions in The Netherlands, Sweden, Austria, Turkey, Poland and Czech Republic. The book conceptualizes Central and Eastern European (CEE) migration by distinguishing between different types of CEE migrants and consequences. This involves a mapping of migration corridors within Europe, a unique empirical analysis of consequences for urban regions, and an analysis of governance responses. Next to the European and country perspectives on this phenomenon, the book focuses on the local perspective of urban regions where most mobile citizens settle (either permanently or temporarily). This way the book puts the analysis of intra-European movement in the perspective of broader theoretical debates in migration studies and beyond.
Posting Of Workers In Eu Law
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Author : Matteo Bottero
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-11
Posting Of Workers In Eu Law written by Matteo Bottero 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 2020-12-11 with Law categories.
Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.
Introduction To European Social Security Law
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Author : Frans Pennings
language : en
Publisher: Intersentia nv
Release Date : 2003
Introduction To European Social Security Law written by Frans Pennings and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Discrimination categories.
The social security of the European Union (EU) has become of vital significance for persons living or working in a EU Member State. The creation of the European Economic Area and near accession of the candidate Members (East European countries) has further increased the relevance of this law. This book describes EU social security law, beginning with the rules relevant to migrant workers. Coverage includes Regulations 1408/71 and 574/72 and the case law of the Court of Justice of the EC. The book analyses the contributions of these judgments to the developments of coordination law and to the realisation of the objective of free movement of workers. In this respect the relation of the Regulation and the EC Treaty, which is shown in for instance the Kohll and Decker judgments, is analysed. Special attention is paid to the Proposal for Simplification and Modernisation of Regulation 1408/71. A second main part of EU social security law is the law on equal treatment of men and women. The Court of Justice issued several main decisions, of which the Barber judgment is a wellknown example. Since then, the case law has been further developed and this book helps the reader to understand the present state of affairs. A separate chapter analyses the combat against social exclusion of the EU and the instruments developed for this purpose. This is the completely revised and updated fourth edition of an authoritative book.
The Legal Framework Of The European Union
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Author : Sukhwinder Bajwa
language : en
Publisher: Routledge
Release Date : 2005-06-28
The Legal Framework Of The European Union written by Sukhwinder Bajwa and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-06-28 with History categories.
The law of the European Union continues to increase in complexity, importance and momentum, and is having an increasing effect on the lives of every person living in Britain. This book provides a focus on EC Law.
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.
Basics On European Social Law
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Author : Christina Hießl
language : en
Publisher: Linde Verlag GmbH
Release Date : 2021-01-07
Basics On European Social Law written by Christina Hießl and has been published by Linde Verlag GmbH this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-07 with Law categories.
European Social Law at a glance The present book sets out – in a concise manner – the social law of the European Union. Apart from core areas of European labour law, the regulation of which is based on the EU’s competence in social policy, it covers notably the numerous rights based one the free movement of workers and other EU citizens, as well as the coordination of social security. Beyond that, the book refers to other fields of EU regulation which are prone to cause conflicts between the member states’ national social law and the relevant EU norms, which remain challenging to resolve to this day. Extensive reference is made to the case law of the European Court of Justice, which continues to have a paramount role in shaping the social law of the EU as it stands. The book is primarily aimed at students confronted with European social law for the first time. Besides, it should constitute a well-structured source of reference for law practitioners in the rising number of cases where EU law is of relevance for national legal practice.