9. The Free Movement of Persons

2017 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Legal Framework ◽  
The Self ◽  
Free Movement ◽  
Eu Law ◽  
Basic Rights ◽  
Free Movement Of Persons ◽  
Third Country Nationals

This chapter discusses EU law on the free movement of persons and citizenship. It covers the legal framework; the scope of the basic rights; the material scope of the rights; free movement of the self-employed; derogations from the free movement regimes; the wholly internal rule; the treatment of third-country nationals.

9. The Free Movement of Persons

2019 ◽  
pp. 295-351
Author(s):  
Nigel Foster
Keyword(s):  
Legal Framework ◽  
The Self ◽  
Free Movement ◽  
Eu Law ◽  
Basic Rights ◽  
Free Movement Of Persons ◽  
Third Country Nationals

This chapter discusses EU law on the free movement of persons and citizenship. It covers the legal framework; the scope of the basic rights; the material scope of the rights; free movement of the self-employed; derogations from the free movement regimes; the wholly internal rule; and the treatment of third-country nationals.

9. The Free Movement of Persons

2021 ◽  
pp. 295-352
Author(s):  
Nigel Foster
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
The Self ◽  
Free Movement ◽  
Basic Rights ◽  
Free Movement Of Persons ◽  
Third Country Nationals

In this chapter, all aspects of the free movement of persons, including workers, establishment, services, and citizenship will be dealt with together, as, increasingly, case law and, in particular, the new case law concerned with citizenship, applies without distinction across all these categories and new secondary law has also brought many of the statutory rules for all categories of person in line in one place. The chapter covers the legal framework; the scope of the basic rights; the material scope of the rights; free movement of the self-employed; derogations from the free movement regimes; the wholly internal rule; and the treatment of third-country nationals.

scholarly journals The EU free movement of persons from a Spanish perspective: Exploring its evolution and derogations

2018 ◽  
Author(s):  
Nuno Ferreira
Keyword(s):  
Supreme Court ◽  
Family Members ◽  
Case Law ◽  
Legal Framework ◽  
European Countries ◽  
Free Movement ◽  
Eu Law ◽  
Legal Literature ◽  
Free Movement Of Persons ◽  
The Eu

Although Spain is often discussed in migration studies, both for its special characteristics and for its representativeness of a larger group of European countries, the free movement of EU citizens across Spanish borders and within Spain is a matter so far insufficiently explored in legal literature. Spain has been a member of the EU for more than 25 years, however, the assessment of the implementation by Spanish authorities of EU law in this field has remained mostly limited to fairly descriptive analyses of the applicable statutory framework. This article goes beyond that and looks critically into the evolution of this statutory framework and, above all, its judicial application. Besides analysing the Spanish legal framework applicable to the free movement of EU citizens and their family members, this article explores a range of obstacles to that free movement. It concentrates particularly on the most striking obstacle to free movement - exclusion orders - by exploring in detail the rules and case law (mainly produced by the Spanish Supreme Court) that have dealt with the possibility of expulsion of EU citizens and their family members.

Square Pegs and Round Holes: The Free Movement of Persons Under EEA Law

2017 ◽  
Vol 19 ◽  
pp. 165-186
Author(s):  
Christian NK FRANKLIN
Keyword(s):  
Free Trade ◽  
Case Law ◽  
Fundamental Principle ◽  
Free Movement ◽  
Trade Association ◽  
Eu Law ◽  
European Free Trade Association ◽  
Court Of Justice ◽  
Free Movement Of Persons ◽  
The Eu

AbstractWhilst the European Union’s aim of achieving an ‘ever closer Union’ is not an objective of EEA cooperation, homogeneity demands that we follow the same path: as the Union gets ever closer, so too does EEA cooperation, in light of the demands of the fundamental principle of homogeneity. This is particularly well demonstrated by looking at developments in the field of the free movement of persons. The case law of the Court of Justice of the European Free Trade Association (EFTA Court) in this field shows that in situations where homogeneity is put to the test, there seems little to suggest that a more national sovereignty-friendly approach has been adopted than under EU law. Notwithstanding the integral differences between the EU and EEA legal constructs, the EFTA Court has proven highly adept at keeping pace with EU developments in the field through a number of bold and creative interpretations of EEA law, and by using different tools to arrive at uniform conclusions.

Chapter 2 Policies on Border Checks, Asylum and Immigration

2019 ◽  
Author(s):  
Michael Wilderspin
Keyword(s):  
The Other ◽  
Free Movement ◽  
Eu Law ◽  
Clear Link ◽  
Free Movement Of Persons ◽  
Border Controls

The abolition of border controls on persons at the internal frontiers, i.e. the frontiers between the MS, has a clear link with free movement of persons, one of the cornerstones of EU law. Nevertheless, the original ToR, while recognizing the rights of nationals of MS to move and work in the other MS, still allowed MS to carry out border checks to verify the entitlement of persons crossing those borders to exercise free movement.

26. The Area of Freedom, Security and Justice: EU justice and home affairs law and policy

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Criminal Justice ◽  
Legal Framework ◽  
Eu Law ◽  
The European Union ◽  
Law And Policy ◽  
Legislative Measures ◽  
Third Country Nationals

This chapter examines the European Union (EU) home affairs law and policy, particularly in relation to freedom, security and justice (AFSJ). It discusses the provisions of EU law on immigration, distinguishing between legal and unauthorised entry, and the protection given to third country nationals by a range of legislative measures. It also introduces the legal framework for the EU's criminal justice policies.

23. Free movement of persons: limitations on grounds of public policy, public security or public health

2020 ◽  
pp. 540-556
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
Public Health ◽  
Public Policy ◽  
European Union ◽  
Free Movement ◽  
Public Security ◽  
Eu Law ◽  
The European Union ◽  
Rule Of Reason ◽  
Free Movement Of Persons ◽  
The Relationship

This chapter examines the European Union (EU) law concerning the free movement of persons and the limitations of this right on grounds of public health, public security, or public policy, including the ‘rule of reason’ and expulsion, refusal of entry or an entry ban due to criminal offences or other personal conduct. It analyses the relationship between the Citizens’ Rights Directive (CRD) (Directive 2004/38/EC) and its relationship with Treaty provisions. It considers the substantive scope of the derogation provisions and the procedural guarantees in the CRD applicable to EU citizens and their family members facing expulsion, refusal of entry or entry bans.

Article 197 TFEU

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Mutual Recognition ◽  
Legal Framework ◽  
Direct Application ◽  
Free Movement ◽  
Eu Law ◽  
Specific Mechanism ◽  
Public Authorities ◽  
Free Movement Of Goods ◽  
The Many ◽  
The Eu

The effectiveness of the many rights and obligations under EU law rests on a legal framework consisting of direct application of Treaty rules, harmonized European rules, national rules, and mutual recognition, and the task of implementing and ensuring compliance with these rules lies, in practice, with a large number of public authorities in the twenty-eight MS. In order to carry out this task, MS’ authorities need to cooperate closely, meaning that administrative cooperation is not only desirable but is required by the very nature of the EU. In the context of the free movement of goods, many circulation regimes are accompanied by their own specific mechanism of administrative cooperation.

4. Freedom of movement for EU nationals

2018 ◽  
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt ◽  
Helena Wray
Keyword(s):  
Free Movement ◽  
European Law ◽  
Eu Law ◽  
Freedom Of Movement ◽  
The Law ◽  
The Eu ◽  
Third Country Nationals

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the law which governs the free movement of people within the EU. As such, it is principally about the movement of EU nationals. The movement of non-EU nationals, known in European law as third-country nationals, may come within the ambit of EU law due to their connection with EU nationals; for instance, as a spouse or employee. The chapter concentrates on the rights of EU nationals and their families to move within the EU, and covers the powers to deport or remove EU nationals. It also considers the possible impacts of Brexit on free movement rights.

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