22. Free Movement of Workers

The Uk ◽

The Eu ◽

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law. The UK version contains a further section analysing issues concerning free movement of workers between the EU and the UK post-Brexit.

22. Free Movement of Workers

EU Law ◽

10.1093/he/9780198856641.003.0022 ◽

2020 ◽

pp. 781-831

Author(s):

Paul Craig ◽

Gráinne de Búrca

Keyword(s):

Family Members ◽

Legal Issues ◽

Free Movement ◽

Eu Law ◽

Central Importance ◽

European Court ◽

The Uk ◽

The Eu ◽

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law. The UK version contains a further section analysing issues concerning free movement of workers between the EU and the UK post-Brexit.

21. Free Movement of Workers

10.1093/he/9780198714927.003.0021 ◽

2015 ◽

Author(s):

Paul Craig ◽

Gráinne de Búrca

Keyword(s):

Family Members ◽

Legal Issues ◽

Free Movement ◽

Eu Law ◽

Central Importance ◽

Basic Rights ◽

European Court ◽

The Eu ◽

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law.

11. Free movement of goods

EU Law in the UK ◽

10.1093/he/9780198805922.003.0011 ◽

2020 ◽

pp. 294-322

Author(s):

Sylvia de Mars

Keyword(s):

Member State ◽

Specific Volume ◽

Internal Market ◽

Free Movement ◽

Eu Law ◽

Legal Rules ◽

Starting Point ◽

Free Movement Of Goods ◽

The Uk ◽

The Eu

This chapter explores the free movement of goods, which lies at the very heart of the internal market. The idea of the free movement of goods was the starting point that the EEC Treaty aimed for, and remains one of the greatest achievements of the EU to date. However, as with everything in EU law, there are a lot of legal rules underpinning a fairly straightforward concept. The Treaty contains two separate sets of provisions that address matters of taxation when it comes to trade in products. The first relates to border taxation, while the second relates to internal taxation. With regard to non-taxation issues, the primary issue is quantitative restrictions: situations where a Member State either blocks a specific volume of products from entering its market, or outlaws/bans a product altogether. The chapter then considers the exceptions to free movement of goods, and assesses how Brexit may impact on the free movement of goods between the UK and the EU.

Foster on EU Law

10.1093/he/9780198794608.001.0001 ◽

2017 ◽

Cited By ~ 2

Author(s):

Nigel Foster

Keyword(s):

Fundamental Rights ◽

Free Movement ◽

Eu Law ◽

Charter Of Fundamental Rights ◽

Solid Foundation ◽

Free Movement Of Persons ◽

The Uk ◽

State Constitutional Law ◽

State Aids ◽

The Eu

Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas including free movement of goods, free movement of persons, citizenship, and competition law including state aids. This clear two-part structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic, member state constitutional law, and international law including UN Resolutions. It includes a consideration of EU law and the UK, including a consideration of the Brexit referendum result and its possible consequences, also of Germany, and France as well as a briefer look at a number of other member states. It also contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the ECHR. It follows the further developments of Art 263 TFEU and has re-arranged the material on the free movement of persons to take account of the judgments of the Court of Justice.

EU Law

10.1093/he/9780198859840.001.0001 ◽

2020 ◽

Author(s):

Paul Craig ◽

Gráinne de Búrca

Keyword(s):

Market Competition ◽

Law Students ◽

Equal Treatment ◽

Eu Law ◽

Seventh Edition ◽

The Difference ◽

The Uk ◽

Substantive Law ◽

The Eu ◽

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The seventh edition of EU Law: Text, Cases, and Materials provides clear analysis of all aspects of European law in the post Lisbon era. This edition looks in detail at the way in which the provisions of the Lisbon Treaty have worked since the Treaty became operational, especially innovations such as the hierarchy of norms, the different types of competence, and the legally binding Charter of Rights. The coming into effect of the new Treaty was overshadowed by the financial crisis, which has occupied a considerable part of the EU’s time since 2009. The EU has also had to cope with the refugee crisis, the pandemic crisis, the rule of law crisis and the Brexit crisis. There has nonetheless been considerable legislative activity in other areas, and the EU courts have given important decisions across the spectrum of EU law. The seventh edition has incorporated the changes in all these areas. The book covers all topics relating to the institutional and constitutional dimensions of the EU. In relation to EU substantive law there is detailed treatment of the four freedoms, the single market, competition, equal treatment, citizenship, state aid, and the area of freedom, security and justice. Brexit is the rationale for the decision to have a separate UK version of the book. There is no difference in the chapters between the two versions, insofar as the explication of the EU law is concerned. The difference resides in the fact that in the UK version there is an extra short section at the end of each chapter explaining how, for example, direct effect, supremacy or free movement are relevant in post-Brexit UK. Law students in the UK need to know this, law students in the EU and elsewhere do not.

10. The Relationship Between EU Law and National Law: Supremacy

EU Law ◽

10.1093/he/9780198856641.003.0010 ◽

2020 ◽

pp. 303-352

Author(s):

Paul Craig ◽

Gráinne de Búrca

Keyword(s):

Legal Order ◽

Common Market ◽

European Court Of Justice ◽

Eu Law ◽

National Courts ◽

Court Of Justice ◽

European Court ◽

The Uk ◽

The Relationship ◽

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of supremacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ ruled that the aim of creating a uniform common market between different states would be undermined if EU law could be made subordinate to national law of the various states. The validity of EU law can therefore, according to the ECJ, never be assessed by reference to national law. National courts are required to give immediate effect to EU law, of whatever rank, in cases that arise before them, and to ignore or to set aside any national law, of whatever rank, which could impede the application of EU law. Thus, according to the ECJ, any norm of EU law takes precedence over any provision of national law, including the national constitutions. This broad assertion of the supremacy of EU law has not however been accepted without qualification by national courts, and the chapter examines the nature of the qualifications that have been imposed by some national courts. The UK version contains a further section analysing the relevance of the supremacy of EU law in relation to the UK post-Brexit.

Diplomatic and Consular Protection with Special Reference to Article 46 of the EU Charter of Fundamental Rights

Laws ◽

10.3390/laws9040032 ◽

2020 ◽

Vol 9 (4) ◽

pp. 32

Author(s):

Riaan Eksteen

Keyword(s):

Human Rights ◽

Fundamental Rights ◽

Full Potential ◽

Eu Law ◽

The European Union ◽

European Court ◽

The Status ◽

Protection Of Human Rights ◽

The Uk ◽

The Eu

Central to EU law and policies is the protection of human rights. For the European Union (EU), these rights are sacrosanct. Over the years, more substance to the protection of fundamental rights emerged. The European Court of Justice (ECJ) is notably entrusted with the protection of human rights and has always deemed it imperative that fundamental rights must be protected within the scope of EU law. The Court has always relied on strong European traditions and values and is guided by the inalienable principle of the rule of law. In the human rights record of the EU, the Kadi cases occupy a special place. The scope of the application of Article 46 is limited, and the application of the Charter is still not used to its full potential, and too few citizens are even aware of it. The Commission intends to present a strategy that would improve the use and awareness of the Charter. By the middle of 2020, the UK’s withdrawal from the EU had become acrimonious. One issue that still begs the conclusion is the status of and protection available to EU citizens living in the UK beyond 31 December 2020. These basic rights of its citizens are not negotiable for the EU.

EU Law

10.1093/he/9780198856641.001.0001 ◽

2020 ◽

Cited By ~ 2

Author(s):

Paul Craig ◽

Gráinne de Búrca

Keyword(s):

Market Competition ◽

Law Students ◽

Equal Treatment ◽

Eu Law ◽

Seventh Edition ◽

The Difference ◽

The Uk ◽

Substantive Law ◽

The Eu ◽

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The seventh edition of EU Law: Text, Cases, and Materials provides clear analysis of all aspects of European law in the post Lisbon era. This edition looks in detail at the way in which the provisions of the Lisbon Treaty have worked since the Treaty became operational, especially innovations such as the hierarchy of norms, the different types of competence, and the legally binding Charter of Rights. The coming into effect of the new Treaty was overshadowed by the financial crisis, which has occupied a considerable part of the EU’s time since 2009. The EU has also had to cope with the refugee crisis, the pandemic crisis, the rule of law crisis and the Brexit crisis. There has nonetheless been considerable legislative activity in other areas, and the EU courts have given important decisions across the spectrum of EU law. The seventh edition has incorporated the changes in all these areas. The book covers all topics relating to the institutional and constitutional dimensions of the EU. In relation to EU substantive law there is detailed treatment of the four freedoms, the single market, competition, equal treatment, citizenship, state aid, and the area of freedom, security and justice. Brexit is the rationale for the decision to have a separate UK version of the book. There is no difference in the chapters between the two versions, insofar as the explication of the EU law is concerned. The difference resides in the fact that in the UK version there is an extra short section at the end of each chapter explaining how, for example, direct effect, supremacy or free movement are relevant in post-Brexit UK. Law students in the UK need to know this, law students in the EU and elsewhere do not.

Institutional Models under Directive 2014/54: Advantages and Disadvantages for Free Movement of Workers and their Family Members

European Journal of Migration and Law ◽

10.1163/15718166-12340031 ◽

2018 ◽

Vol 20 (3) ◽

pp. 223-250

Author(s):

Lyra Jakulevičienė ◽

Regina Valutytė ◽

Inga Daukšienė

Keyword(s):

Family Members ◽

Free Movement ◽

Specific Situation ◽

Member States ◽

Advantages And Disadvantages ◽

Institutional Model ◽

The Eu

Abstract Despite many efforts to empower the EU citizens and their family members to benefit from the free movement of workers, numerous well-documented obstacles are still present within the EU. The EU intends to eliminate the gap between the rights on paper and in practice in Directive 2014/54 by establishing four procedural pillars—promotion, support, analysis and monitoring. The functions are entrusted to the institution(s) designated by the Member States leaving them a wide discretion to choose the most appropriate institutional model. This article focuses on the analysis of the advantages and disadvantages of three possible institutional setups—establishment of a new institution, extension of the mandate of an existing body and assignment of the tasks to several existing national bodies. The study examines which model is more suitable to meet the aims of the Directive, taking into consideration the nature and content of the abovementioned pillars and specific situation in the different Member States.

Devolution and differentiation: regional variation in EU law

Legal Studies ◽

10.1111/j.1748-121x.2010.00164.x ◽

2010 ◽

Vol 30 (3) ◽

pp. 421-441 ◽

Cited By ~ 5

Author(s):

Jo Hunt

Keyword(s):

State Level ◽

Eu Law ◽

Legal Studies ◽

Catching Up ◽

European Court ◽

Or Groups ◽

The Uk ◽

Eu Project ◽

The Eu

For some years now, there has been a growing orthodoxy in EU legal studies which maintains that the EU project is less about achieving uniformity of laws across the Member States, and more about managing flexibility and differentiation. However, for the most part, space for differentiation is recognised only as between states or groups of states. The present paper moves beyond this level to explore the scope for local differentiation, at a sub-state level. This inquiry has been motivated by the recent Horvath judgment, in which the European Court of Justice was asked whether differential implementation by the devolved administrations of the UK of certain EU law obligations was lawful. The paper places these developments alongside other judicial, legal and political developments, to demonstrate a growing recognition of the role of regions within the EU's multi-levelled system of governance, revealing that the EU order is, in some respects, finally catching up with the realities of the rise of devolution and decentralisation taking place across Europe. However, it is submitted that there is further the EU could and should go in recognising, if not a ‘Europe of the Regions’, then a ‘Europe with the Regions’.