Freedom of Movement

2020 ◽  
pp. 205-229
Author(s):  
Luca Scholz
Keyword(s):  
Free Movement ◽  
Freedom Of Movement ◽  
Political Interests

The normative problems raised by inter-polity mobility and its restriction engaged courts, councils, and universities throughout the Empire. Some jurists based their theories of free movement on the idea that roads and rivers were exempt from ownership and therefore free for all to use, replicating arguments from the ‘battle of the books’ around the freedom of the seas. Transit was another key concept for negotiating the ordering of movement. In spite of ubiquitous restrictions, some scholars advocated sweeping rights to inter-polity transit and free movement. Like other apologists for free movement, these authors catered to specific political interests. Consequently, the ideological opposition to freedom of movement was substantial. Many jurists argued that justified fears could warrant restrictions of free movement or even that it could be restricted at the full discretion of the ruler, often recurring to domestic analogies and to the language of property.

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

Borders and Freedom of Movement in the Holy Roman Empire

2020 ◽  
Author(s):  
Luca Scholz
Keyword(s):  
Roman Empire ◽  
Human Mobility ◽  
Holy Roman Empire ◽  
Free Movement ◽  
Modern World ◽  
Old Regime ◽  
Territorial Expansion ◽  
Freedom Of Movement ◽  
German Nation ◽  
New Perspective

Abstract: Borders and Freedom of Movement in the Holy Roman Empire tells the history of free movement in the Holy Roman Empire of the German Nation, one of the most fractured landscapes in human history. The boundaries that divided its hundreds of territories make the Old Reich a uniquely valuable site for studying the ordering of movement. The focus is on safe conduct, an institution that was common throughout the early modern world but became a key framework for negotiating free movement and its restriction in the Old Reich. The book shows that attempts to escort travellers, issue letters of passage, or to criminalize the use of ‘forbidden’ roads served to transform rights of passage into excludable and fiscally exploitable goods. Mobile populations—from emperors to peasants—defied attempts to govern their mobility with actions ranging from formal protest to bloodshed. Newly designed maps show that restrictions upon moving goods and people were rarely concentrated at borders before the mid-eighteenth century, but unevenly distributed along roads and rivers. In addition, the book unearths intense intellectual debates around the rulers’ right to interfere with freedom of movement. The Empire’s political order guaranteed extensive transit rights, but apologies of free movement and claims of protection could also mask aggressive attempts of territorial expansion. Drawing on sources discovered in more than twenty archives and covering the period between the late sixteenth to the early nineteenth century, the book offers a new perspective on the unstable relationship of political authority and human mobility in the heartlands of old-regime Europe.

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.

Part II Commentaries to Typical Sofa Rules, 18 Travel and Transport

2018 ◽  
Author(s):  
Black-Branch Jonathan L
Keyword(s):  
World War Ii ◽  
Free Movement ◽  
Successful Implementation ◽  
World War ◽  
Freedom Of Movement ◽  
Host State ◽  
Contentious Issue ◽  
Local Residents

This chapter looks at the duties and rights concerning freedom of movement. The successful implementation of any UN or NATO mission is largely dependent on the ability to travel and make use of transport or what may be referred to as mobility rights and free movement. The ability to travel as freely and easily as possible invariably assists in accomplishing the mandate. As basic as this may sound, the movement of Visiting Forces within a Host State has raised a number of problems and remains a contentious issue. This is due in part because of the potential causing damage to the environment as well as Visiting Forces becoming involved in conflicts with local residents. Indeed, the circumstances that Visiting Forces face today have changed drastically since World War II.

The Rationale of State Aid Control: A Return to Orthodoxy

2010 ◽  
Vol 12 ◽  
pp. 35-52 ◽  
Author(s):  
Andrea Biondi
Keyword(s):  
Internal Market ◽  
State Aid ◽  
Free Movement ◽  
Subtle Difference ◽  
Freedom Of Movement ◽  
State Aid Control ◽  
Movement Rules ◽  
Regulatory Restriction ◽  
Prevailing View ◽  
Regulatory Measure

AbstractThe prevailing view on the rationale for State aid control is that it should be the same as, or very similar to, the rationale for competition control. It is certainly true that State aid distorts competition, as the economic definition presupposes. However, there is a subtle difference between the two, and we should return to orthodoxy in our analysis of these two concepts. The rational for State aid control is in fact to be found in the logic of the internal market principles. The tools to be used in analysing it are not identical to those used in the antitrust context. Rather, the free movement perspective should be adopted, and most problems in the arena of State aid can be better understood when approached from that perspective. It is also true that State aid procedures can be used to monitor compliance with free movement rules, and so the functional identity between the two sets of provisions is confirmed. State aid is a regulatory restriction on freedom of movement, and State aid control is an essential part of the functioning of the internal market, and so it makes sense to treat it in the same way as any other regulatory measure which has such an effect.

The Moral and Economic Case for Free Immigration

2018 ◽  
Author(s):  
Bas van der Vossen ◽  
Jason Brennan
Keyword(s):  
Common Sense ◽  
Burden Of Proof ◽  
Economic Models ◽  
Prima Facie ◽  
Free Movement ◽  
Prima Facie Case ◽  
Freedom Of Movement ◽  
Open Borders ◽  
Moral Case

The chapter makes a prima facie case for open borders. It argues that there is a strong common-sense moral case for free movement because migration restrictions coercively interfere with people’s freedom of movement. Such restrictions generally stand in need of justification. Second, there also exists a strong economic case for free movement. Economic models and history suggest that freeing up migration will be an enormous benefit to both migrants and receiving populations. The chapter concludes by suggesting that even though it does not offer a conclusive case for open borders by itself, the burden of proof squarely lies with those who would oppose immigration.

Introduction

2020 ◽  
pp. 1-13
Author(s):  
Luca Scholz
Keyword(s):  
Roman Empire ◽  
Early Modern ◽  
Human Mobility ◽  
Political Authority ◽  
Holy Roman Empire ◽  
Free Movement ◽  
Old Regime ◽  
Freedom Of Movement ◽  
History Of ◽  
New Perspective

In the politically dense and fractured landscape of the Holy Roman Empire, safe conduct provided a key framework for negotiating freedom of movement and its restriction. The introduction sets out how the book uses safe conduct to approach the Holy Roman Empire in a spatial rather than diachronic perspective. It describes how authorities in the Empire restricted, promoted, and channelled different forms of mobility for political, fiscal, and symbolic reasons. Spatially these efforts were rarely concentrated at borders, which challenges anachronistic assumptions about the functioning of early modern borders. Conflicts around the enclosure of movement led to controversial debates around the rulers’ right to interfere with human mobility, adding a new chapter to the history of free movement. Drawing on manuscript, visual, and printed sources as well as self-designed maps, this book offers a new perspective on the unstable relation of political authority and human mobility in the heartlands of old-regime Europe.

12. Free movement of workers

2020 ◽  
pp. 323-351
Author(s):  
Sylvia de Mars
Keyword(s):  
Free Movement ◽  
The European Union ◽  
Freedom Of Movement ◽  
The Status ◽  
Free Movement Of Workers ◽  
Treaty Of Rome ◽  
To Come ◽  
Free Movement Of Persons ◽  
The Uk ◽  
The Impact

This chapter studies the ‘free movement of workers’, which was where free movement of persons law began under the Treaty of Rome. The current free movement of workers provisions are found in Articles 45–48 TFEU (Treaty on the Functioning of the European Union). Article 45 TFEU provides that freedom of movement for workers shall be secured within the Union. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration, and other conditions of work and employment. The chapter then explores the personal, material, and geographical scope of Article 45 TFEU. It also looks at the impact of Brexit on the status of current and future EU ‘workers’. The 2016 UK referendum showed that concerns about EU nationals being able to come without any restriction to the UK and access both British jobs and British benefits were one of the key drivers in the vote to leave the EU.

Culture, Free Movement, and Open Borders

2010 ◽  
Vol 72 (4) ◽  
pp. 627-652 ◽  
Author(s):  
Patti Tamara Lenard
Keyword(s):  
Cultural Preservation ◽  
Free Movement ◽  
Full Account ◽  
Freedom Of Movement ◽  
Open Borders ◽  
The Relationship ◽  
Exclusive Focus ◽  
Do So

AbstractCommunitarians are derided for their commitment to closed borders. According to their critics, if we balance the claims of cultural preservation (deployed primarily by wealthy countries) against the claims of economic betterment (deployed primarily by the very poor), the correct moral ordering will prioritize the claims of economic betterment, and thus support claims for open borders over closed borders. Yet, this standard way of framing the debate ignores the deep connection between cultural claims and freedom of movement. In the near-exclusive focus on the relationship between cultural preservation and the alleged importance of closed borders, free movement advocates have lost sight of how frequently culture bolsters claims in favor of freedom of movement. I argue that cultural claims should not be ignored in discussions of free movement. To do so fails to give a full account of the reasons we have to favor free movement, oftentimes across borders.

scholarly journals The Ambiguous Relationship Between the EU and its Internal Borders

2020 ◽  
Vol 1 (2) ◽  
pp. 64-70
Author(s):  
Aude Bouveresse
Keyword(s):  
Case Law ◽  
Free Movement ◽  
Freedom Of Movement ◽  
Court Of Justice ◽  
European Court ◽  
European Citizenship ◽  
Free Movement Of Goods ◽  
The Individual ◽  
European Citizen ◽  
The Eu

      The free movement of EU citizens within the Union reveals the ambiguous relationship between the EU and borders. While the functioning of the internal market is essentially based on freedom of movement and implies the elimination of borders as barriers to trade, the freedom of movement of the European citizen remains defined largely within the conceptual framework of borders, since nationality is a prime requirement for European citizenship. Inside the EU, as this article highlights, borders are necessary and problematic at same time. The Court has played with the concept of borders to address these ambiguities with a view to deepening integration. The conclusion is that if the Court has been able to effectively remove obstacles related to internal borders concerning the free movement of goods and the movement of active economic persons, such has not been the case for the free movement of European citizens, economically inactive. It follows from the division of competences and the case law of the European judges that solidarity remains intrinsically linked to nationality and therefore inevitably leads to the re-establishment of borders and the separation of peoples. This demonstrates the resistance of the “paradigm of a European market citizenship”. By revaluing nationality in the context of the enjoyment of the rights linked to citizenship, the European Court of Justice could hamper the integration process by renationalising the individual and establishing new borders.

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