EU Free Movement Of Persons And Member States’ Solidarity Systems: Searching For A Balance

2011 ◽  
pp. 47-74
Keyword(s):  
Free Movement ◽  
Member States ◽  
Free Movement Of Persons

Forum Choice in the Area of Freedom, Security, and Justice

2018 ◽  
Author(s):  
Angelo Marletta
Keyword(s):  
European Union ◽  
Free Movement ◽  
Mutual Trust ◽  
The European Union ◽  
Integration Process ◽  
Member States ◽  
Policy Goals ◽  
Free Movement Of Persons ◽  
The Eu

The European Union (EU), as unprecedented institutional and polity project, is responsible for the fulfilment of a set of policy goals that go beyond the mere sum of the interests of its Member States. The establishment of an ‘area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to . . . the prevention and combating of crime’ is probably one of the most demanding goals of the integration process, whose fulfilment requires commitment to coherent action on several levels: vertically, between the EU and the Member States, through incorporating the implementation of the Treaty objectives in the development of their respective criminal policies, and horizontally, between the Member States themselves, by developing mutual trust.

Parallel Imports

2016 ◽  
Author(s):  
Alexander Mühlendahl ◽  
Dimitris Botis ◽  
Spyros Maniatis ◽  
Imogen Wiseman
Keyword(s):  
Member State ◽  
Fundamental Principle ◽  
Common Market ◽  
Free Flow ◽  
Free Movement ◽  
Individual Member ◽  
Parallel Imports ◽  
Customs Union ◽  
Member States ◽  
Free Movement Of Persons

Free movement of goods, one of the ‘four freedoms’ together with free movement of persons, services, and capital covered in the Treaties, is a fundamental principle with two purposes. The first is purely economic; a customs union and common market comprising individual Member States cannot be established unless goods from all the Member States are sold freely and compete effectively in all the Member States. The second is political, if there is to be a single common market then goods must flow freely within its borders. The effect of national measures that block the importation of goods from one Member State to another, make their marketing more difficult, or raise their price, is the distortion of the free flow of goods and competition. Inevitably, in a single market such measures have to be eliminated.

scholarly journals From Diversity to Coordination: A European Approach to COVID-19

2020 ◽  
Vol 11 (2) ◽  
pp. 283-296 ◽  
Author(s):  
Alessio M. PACCES ◽  
Maria WEIMER
Keyword(s):  
National Policy ◽  
Political Legitimacy ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Safe Spaces ◽  
Mutual Learning ◽  
The Face ◽  
Free Movement Of Persons ◽  
The Eu

The COVID-19 pandemic is changing the face of Europe. Member States’ divergent responses to this crisis reveal a lack of unity in the face of a humanitarian catastrophe. At best, this undermines the effectiveness of health protection within the European Union (EU). At worst, it risks breaking up the Union altogether. Divergent national responses to COVID-19 reflect different national preferences and political legitimacy, and thus cannot be completely avoided. In this article, we argue that these responses should be better coordinated. Without coordination, the price for diversity is high. Firstly, there are damaging spill-overs between Member States, which undermine key pillars of European integration such as the free movement of persons and of goods. Secondly, national policy-making is easily captured by local interest groups. Our proposal is that the EU indicates – not mandates – a European exit strategy from asymmetric containment policies of COVID-19. In particular, the EU should help Member States procure and validate tests for infection and immunity. The EU should also indicate ways in which testing could be used to create safe spaces to work, thereby restoring the free movement of persons and of goods. We see a great advantage in such EU guidance: it could improve mutual learning between Member States, which have faced different timings of the epidemic and learned different lessons. Although the local political economy has so far delayed learning and undermined cooperation, the EU can mitigate both effects and indicate the way for Europe to resurrect united from the ashes of COVID-19.

Zasada proporcjonalności jako obiektywne uzasadnienie ograniczeń w swobodnym przepływie osób w Unii Europejskiej

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 55-73
Author(s):  
Joanna Ryszka
Keyword(s):  
Internal Market ◽  
Legal Order ◽  
Fundamental Rights ◽  
Free Movement ◽  
Eu Law ◽  
Member States ◽  
Free Movement Of Persons ◽  
Principle Of Proportionality ◽  
The Eu

The principle of proportionality in the EU legal order applies, among others, to actions taken by Member States in the situation where they are willing to use, permitted by the EU law, derogation from its provisions, in particular – in the area of internal market freedoms. Derogation from those freedoms will not be justified if it is not absolutely necessary. National regulations must therefore be proportionate to the objective that these restrictions are to protect. With respect to the free movement of persons, as an example of these goals, the protection of fundamental rights could be mentioned. It is vitally important for the realization of an internal market due to the existence of interesting interactions occurring between them and specific ways of applying the principle of proportionality when they collide with each other.

scholarly journals Montenegro’s accession to the European Union: Possible consequences of the free movement of persons for the Montenegrin social security system

SEER ◽  
2020 ◽  
Vol 23 (1) ◽  
pp. 39-58
Author(s):  
Frederic De Wispelaere ◽  
Gabriella Berki ◽  
Snjezana Balokovic
Keyword(s):  
Social Security ◽  
Social Security System ◽  
Security System ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
System P ◽  
Free Movement Of Persons ◽  
The Eu

This article discusses the potential impact of the free movement of persons in the EU on the Montenegrin social security system. It can be argued that three variables will be of great importance: 1) mobility between Montenegro and other EU member states; 2) social security legislation in Montenegro; and 3) the social security Coordination Regulations. The scale of migration will be highly dependent on whether there are transitional arrangements and whether neighbouring countries, not least Serbia, join the EU at the same time. In order to avoid an erosion of the workforce and consequently of people paying taxes in Montenegro, it might be useful to negotiate transitional arrangements as well as to promote oth er types of labour mobility, such as intra-EU posting. Furthermore, it can be expected that Montenegro’s accession will have financial and administrative implications in the area of healthcare. After all, accession to the EU will lead to a further increase in the number of tourists and thus of the amount that Montenegro will have to recover from member states if unplanned healthcare has been provided in Montenegro.

scholarly journals Inkorporacja acquis Schengen do prawa Unii Europejskiej i prawa krajowego państw członkowskich

2019 ◽  
Vol 3 ◽  
pp. 69-84 ◽  
Author(s):  
Artur Gruszczak
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Internal Security ◽  
Eu Member States ◽  
Political Analysis ◽  
Free Movement Of Persons ◽  
The Eu

This article takes up in the form of an interdisciplinary legal and political analysis the issue of the incorporation of the Schengen acquis into European Union law and the national legal systems of the EU member states in the light of the concept of a hybrid system of territorial governance. Accordingly, the Schengen acquis stimulated the process of intersecting the interests of internal security and the protection of Member States’ borders with the supranational ideological imperative with regard to the principle of free movement of persons. The argument developed in this article is that the incorporation of the Schengen acquis into EU law consolidated hybridity of the legal and institutional construction of the EU after the Amsterdam Treaty as a result of the contradiction between the logic of political bargain at the intergovernmental level and the vertical spillover generated at the supranational level in the institutional and decision-making dimensions. The conclusions point to the emergence, as a result of “schengenisation”, of the area of freedom, security and justice in the EU, in which the principle of free movement of people brought about diversification of the states’ adaptation mechanisms in relation to the ideologically determined project of transformation of the system of management of the territory and borders within the European Union.

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.

Trade Integration in a Layered System of International Law

2017 ◽  
Vol 25 (4) ◽  
pp. 561-578
Author(s):  
Aniekan Iboro Ukpe
Keyword(s):  
Member State ◽  
Regional Integration ◽  
Market Integration ◽  
State Level ◽  
Free Movement ◽  
Layered System ◽  
Trade Integration ◽  
Member States ◽  
Goods And Services ◽  
Free Movement Of Persons

Central to the attainment of West Africa's regional integration objectives is the free movement of Community citizens across national boundaries. This was an implicit acknowledgement by the founding fathers of ECOWAS of the fact that when people move from one member state to another, they carry along with them, not just their skills or requisite know-how, but also physical articles of trade. In other words, free movement of persons within the region would necessarily precipitate a like movement of goods and services across the region, thereby enhancing opportunities for market integration and efficiency. Accordingly, efforts were made through legal instrumentation to create an enabling environment which would facilitate the free movement of persons within the region. Notwithstanding, the multilayered system of laws in the region has operated to undermine the application and enforceability of such regional legal instruments at member-state level. Regional integration in West Africa continues to suffer several setbacks largely as a result of member states’ failure to comply with their treaty obligations. This article takes the view that defining a proper relationship between ECOWAS law and the national law of member states is central to the attainment of the region's aspirations of socio-economic and political integration. This would require a system that obliges member states to effectively cede part of their sovereignty to a regional body on such common issues like trade and thus recognise related regional laws as taking precedence over domestic laws as far as such issues are concerned.

scholarly journals FREE MOVEMENT OF PEOPLE IN THE EUROPEAN UNION AND RECOGNITION OF SAME-SEX MARRIAGES ON THE EXAMPLE OF POLAND, IRELAND AND FRANCE

2021 ◽  
pp. 29-37
Author(s):  
Karolina BICZ
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Same Sex ◽  
European Union Law ◽  
Member States ◽  
European Court ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Impact

The article presents the issue of the free movement of persons in the European Union in the field of same-sex marriage rights, taking into account comparative elements. The research presents provisions of the European Union, as well as internal regulations in force in France, Ireland and Poland. The article discusses the approach to the analysed issue at the level of EU regulations and internal regulations of the examined Member States. Moreover, the interaction between EU and national regulations is an important research point. Besides the article shows case variants concerning the recognition of same-sex relationships due to the legal and ideological conditions in the analysed countries Also, the article analyses the impact and importance of the Court of Justice of the European Union and the European Court of Human Rights for the studied topic. In addition, the study takes into consideration the impact of constitutional provisions on the legalization of homosexual couples in the analysed countries. The article is divided into parts covering the following issues: free movement of persons in the European Union, the right to family reunification of European Union citizens, relations between European Union law and the internal law of the Member States, recognition of same-sex marriages in France, Ireland and Poland, and summary. The opinions of A. Tryfonidou, H. Verschueren, P. Tulea and M. Bell were included in the study due to their importance to the research are.

Derogating from the Free Movement of Persons: When can EU Citizens be Deported?

2006 ◽  
Vol 8 ◽  
pp. 187-227
Author(s):  
Niamh Nic Shuibhne
Keyword(s):  
Free Movement ◽  
Preliminary Ruling ◽  
Member States ◽  
Community Law ◽  
Substantive Content ◽  
Court Of Justice ◽  
Union Citizenship ◽  
Free Movement Of Persons

Ten years ago, the Bayerisches Landessozialgericht referred four questions to the Court of Justice for a preliminary ruling; the resulting judgment on María Martínez Sala’s entitlement to a child-raising allowance finally yanked the concept of Union citizenship from its sluggish hinterland in the EC Treaty and launched the Court and the Community legislature on a mission—to uncover the substantive content and scope of citizenship, and to realise its potential as an autonomous rights-giving force. The intervening decade has seen enthusiastic, if not always coherent, progression of this vocation, and thereby renewed animation of Community law on the free movement of persons. Much work in this field seeks to plot the evolving rights for EU citizens; but what about the position of the Member States? Their capacity to determine and manage their own immigration rules had already been eroded by ‘traditional’ Community law on workers, establishment and services.

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