11. Internal Market: Persons

2020 ◽  
pp. 256-281
Author(s):  
Robert Schütze
Keyword(s):  
Member State ◽  
Maastricht Treaty ◽  
Free Movement ◽  
Symbiotic Relationship ◽  
Complex Relationship ◽  
General Rules ◽  
Free Movement Of Persons ◽  
The Right ◽  
State Restrictions ◽  
The Eu

This chapter highlights the complex constitutional arrangements governing the free movement of persons. The EU Treaties distinguished between two classes of economic migrants, namely, employed and self-employed persons; and today's Treaty title dealing with persons still addresses ‘Workers’ and the ‘Right of Establishment’ in two separate chapters. With the 1992 Maastricht Treaty, the two special chapters on persons were complemented by the general rules on EU citizenship. Unsurprisingly, there has been a complex relationship between the two specific sources of free movement rights and the EU citizenship provisions. Their symbiotic relationship is particularly embodied in the ‘Citizenship Directive’. The chapter then considers the possible justifications for Member State restrictions on the free movement of persons.

6. Free movement of persons

2020 ◽  
pp. 121-153
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Member State ◽  
General Principle ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Scope Of Application ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Eu

This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.

6. Free movement of persons

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Member State ◽  
General Principle ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Scope Of Application ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Eu

This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.

11. Free movement of persons

2019 ◽  
pp. 522-582
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Free Movement ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Free Movement Of Persons ◽  
The Right ◽  
Primary Materials ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the scope of the right of the free movement of persons in the EU; the relevant Treaty provisions and secondary legislation provisions regarding the free movement of persons in the EU; the specific rights granted to workers and EU citizens under their general right of free movement; and limitations on the rights of free movement as provided for in primary and secondary legislation.

Civis Europeus Sum – Union Citizenship and the Influence of the Court of Justice of the European Union

2015 ◽  
Vol 23 (1) ◽  
pp. 71-80
Author(s):  
Verica Trstenjak
Keyword(s):  
Member State ◽  
Case Law ◽  
The European Union ◽  
Court Of Justice ◽  
Tax Relief ◽  
Personal Rights ◽  
Union Citizenship ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Eu

Since its formation in 1950s as the economic community, the EU has created the monetary union and is increasingly evolving also into a political union – part of which is also a union or Europe of citizens. This article explores the development and the existing EU legislation and case law of the Court of Justice of the EU (CJEU) on Union citizenship. The article emphasises the importance of the case law of the CJEU for the development of this concept, focusing especially on the case law pertaining to access to social security benefits in another Member State, the rights of students, tax relief, and personal rights such as the right to write a name in a certain way and the right to family life. Case law of the CJEU has, inter alia, confirmed that even economically inactive Union citizens lawfully residing in another Member State have a right to access to social benefits under the same conditions as the Member State’s own nationals. The concept of the Union citizenship is of key importance in the development of EU law, as it expands the scope of the applicability of the provisions on free movement of persons and other fundamental freedoms. New challenges and questions linked to Union citizenship are arising over time, which should also be regulated at the EU level in the future. Therefore, further development of this concept can still be expected in the EU.

Responsibility of a Member state of an International Organization: Where Will It End? Comments on Article 60 of the ILC Draft on the Responsibility of International Organizations

2010 ◽  
Vol 7 (1) ◽  
pp. 49-61 ◽  
Author(s):  
Esa Paasivirta
Keyword(s):  
Member State ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Individual Member ◽  
Individual Member State ◽  
General Rules ◽  
The Right ◽  
International Law Commission ◽  
The Eu

AbstractThe paper addresses the issue of possible responsibility of a member state for acts of an international organization of which it is a member. This particular issue forms part of the on-going work of the International Law Commission of establishing rules for the responsibility of international organizations. The particular challenge is posed by possible “responsibility gaps”, i.e. situations where a state might avoid compliance with its own obligations by prompting the organization of which it is a member to act instead. The paper compares the ILC approach, approaching the issue by way of trying to establish general rules of responsibility (“secondary rules”) and the practice of the EU, which has addressed the issue by tailor-made solutions in the context of specific treaties (“primary rules”). The latter approach is more flexible as it allows individual solutions pertinent to particular circumstances and treaty regimes so as to ensure that either the organization itself or its member state is responsible, depending whichever is genuinely responsible. The paper concludes that the ILC work is progressing in the right direction as it narrows down the possibilities where a member state can be held responsible to cover only situations bordering abuse, rather than more open-ended standards for individual member state responsibility, which can open the door for unpredictable results.

The EU Citizens’ Directive—An Introduction

2019 ◽  
pp. 1-17 ◽  
Author(s):  
Elspeth Guild ◽  
Steve Peers ◽  
Jonathan Tomkin
Keyword(s):  
European Union ◽  
Service Providers ◽  
Fundamental Rights ◽  
Free Movement ◽  
The European Union ◽  
Economic Activities ◽  
Charter Of Fundamental Rights ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Eu

This introductory chapter provides an overview of the EU Citizenship Directive. The European Union Directive 2004/38 or the EU Citizenship Directive gives effect to the right which EU law provides to all EU citizens and their family members of any nationality to move, reside, and exercise economic activities if they so choose on the territory of any EU Member State. The right to move and reside anywhere in the EU is a right which is accorded to Union citizens by virtue of Articles 20(2)(a) and 21 of the Treaty on the Functioning of the European Union (TFEU) and enshrined in Article 45 of the EU Charter of Fundamental Rights. The right of free movement of persons in their capacities as workers, self-employed persons, or service providers straddles two of the four fundamental freedoms of the European Union—free movement of persons and services.

EU Legislation on Driving Licences: Does It Accelerate or Slow Down the Free Movement of Persons?

2012 ◽  
Vol 13 (3) ◽  
pp. 345-368
Author(s):  
Marek Szydło
Keyword(s):  
Member State ◽  
Practical Importance ◽  
Free Movement ◽  
Drive Power ◽  
Member States ◽  
Eu Legislation ◽  
Driving Licence ◽  
Free Movement Of Persons ◽  
Union Citizen ◽  
The Eu

Driving licences, understood as an official authorisation issued by a State permitting a person to drive power-driven vehicles, belongs to those kinds of legal documents that can potentially significantly facilitate and enhance the free movement of persons (EU citizens) between Member States. Provided that a driving licence is duly recognized by Member States other than the State issuing the licence, the holder of the licence can move to those other Member States using his/her individual means of transport, and is entitled to use power-driven vehicles there while pursuing a large number of occupations as an employed or self-employed person. Thus, a driving licence duly recognized by the host Member State enables its holder to move, work, or conduct an economic activity there more effectively and gives the holder some additional options in that regard. Moreover, the driving licence recognized by the host Member State may be used by its holder while there to prove his/her identity and nationality as a Union citizen, and, consequently, it may serve as an equivalent of a passport or identity card. This is important insofar as the requirement to hold those latter documents (or their equivalents) is a formal prerequisite under the relevant EU legislation for Union citizens exercising their rights to enter and to reside in other Member States. The practical importance of driving licences and of the legislation concerning those issues in the EU, especially in the context of free movement of persons, is additionally reinforced by the fact that a valid driving licence is held by an estimated 60% of the Union's population, which means 300 million citizens. The EU and national legislation on driving licences has an undisputed direct impact on their lives.

The EU Citizenship Directive: A Commentary

2019 ◽  
Author(s):  
Elspeth Guild ◽  
Steve Peers ◽  
Jonathan Tomkin
Keyword(s):  
Member State ◽  
Detailed Analysis ◽  
European Commission ◽  
Case Law ◽  
Free Movement ◽  
European Economic Area ◽  
Court Of Justice ◽  
Economic Area ◽  
The Right ◽  
The Eu

The EU Citizenship Directive defines the right of free movement for citizens of the European Economic Area. It applies to EU citizens and their family members who move to visit or reside in another Member State. This might at first seem like a straightforward definition, but immediately questions arise. Who determines if a person is an EU citizen at all? What about dual citizens of two Member States, or of one Member State and a non-Member State (a ‘third State’)? What is the position of EU citizens who move to one Member State, and then return to their home Member State? This book provides a comprehensive commentary of the EU’s Citizens’ Directive tracing the evolution of the Directive’s provisions, placing each article in its historical and legislative context. Special emphasis is placed on highlighting the connections and interactions between the Directive’s constituent provisions so as to permit a global appreciation of the system of free movement rights to which the Directive gives effect. Each provision is annotated containing a detailed analysis of the case law of the Court of Justice as well as of related measures impacting upon the Directive’s interpretation including European Commission reports and guidelines on the Directive’s implementation.

scholarly journals Restrictions on European Union Citizens’ Freedom of Movement and Residence in the Country on Grounds of Public Policy, Public Security and Public Health

2016 ◽  
Vol 6 (1) ◽  
pp. 48-68 ◽  
Author(s):  
Algis Junevičius ◽  
Rasa Daugėlienė
Keyword(s):  
Public Health ◽  
Public Policy ◽  
European Union ◽  
Member State ◽  
Free Movement ◽  
Public Security ◽  
State Governments ◽  
The European Union ◽  
Free Movement Of Persons ◽  
The Right

AbstractThe free movement of persons is one of the most successful European Union projects, serving as a majorly important factor promoting the European integration processes. The adoption of the Treaty on the European Union and the creation of EU citizenship implemented significant changes: the status of EU citizens and their right to move and reside freely within the territory of the Member States can no longer be interpreted in the way it was before the adoption of the Treaty on the European Union. There are no requirements for EU citizens within the Treaty to pursue professional or independent activities or to work under an employment contract in order to access provided rights. However, the right of free movement is not unlimited. The administrations of the Member State governments are authorized to impose restictions on the free movement of citizens. In the light of these facts, this article examines exceptions in the field of free movement of persons and indentifies concepts of public policy, public security and public health. Special attention is given to so-called rule limitation of restrictions and to the mechanism of protection against expulsion from the country. The article concludes by saying that the institutions of Member State governments have the right to evaluate threats within the territory of the country and to decide on the content of public security by themselves. However, their discretion can not be used as an instrument to treat the conduct of other Member State citizens in a worse way than that of their own local citizens.

scholarly journals Freedom of movement for persons in the European Union Law

2003 ◽  
Vol 55 (1) ◽  
pp. 57-88
Author(s):  
Zaklina Novicic
Keyword(s):  
European Union ◽  
Member State ◽  
Free Movement ◽  
Individual Rights ◽  
The European Union ◽  
European Union Law ◽  
Freedom Of Movement ◽  
The Common ◽  
Free Movement Of Persons ◽  
The Right

In this article the author analyses the evolution of complex corpus of legislation concerning the freedom of movement for persons in European Union Law. The article deals with the subject in two aspects: the first part of the analysis considers the conceptual development of free movement of persons by way of deliberation of building-up the authority of Union in that area, and the second part analyses the contents of the right of the Union citizens to move and reside freely within the territory of the Member State. The freedom of movement for people includes the right of Union citizens to enter, move and reside in another Member State and, in that context prohibition of any discrimination based on nationality. Conceived originally as primarily an economic phenomenon, the free movement of persons was closely linked to the pursuit of an occupation. It was the mobility of human resources as a factor of production, which inspired the chapters of the Treaty establishing the European Economic Community (1957) relating to the free movement of workers, freedom of establishment and the freedom to provide services. In that sense, freedom of movement is a part of a wider concept, that of the common/internal market. Since then, through the combined effect of secondary legislation and the case law of the Court of Justice, the concept has been broadened and it tends, from the Maastricht Treaty (1992), to form one of the fundamental and individual rights of Union citizens generally. Also, the amendments of EEC Treaty, which were made by the Single European Act (1985) and specially by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001), have formalised the external aspect of freedom of movement. Namely, it was recognised that freedom of movement for persons could not take place at the expense of security, protection against crime and illegal immigration. The abolition of internal controls has generated the need of the transferring checks to the external frontiers of the Union and, in this connection, the gradual establishment of an area of freedom, security and justice. In the first part of the article the author presents and analyses the development of the Union power in the policies of freedom of movement: in facilitating of free movement of people as a principle of the common/internal/single market, in achievement of the right to free movement for Union citizens, and also in the fields related to the external aspect of freedom of movement, or, actually, the issues pertaining to visas, asylum and immigration. The second part presents the specific contents of freedom of movement for persons that consists of the corpus of individual rights enjoyed by Union citizens on the territories of EU Member States that are not countries of their origin. These are the right to entry and residence and the right to engagement in gainful activity as well as the related social rights. This part of the article also explores the freedom of movement restriction regime as well as the corresponding Union legislation in preparation.

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