scholarly journals Free movement of services, migration and leaving the EU

2016 ◽  
Vol 236 ◽  
pp. 23-30 ◽  
Author(s):  
Catherine Barnard ◽  
Amy Ludlow

For many people the key question in the referendum is whether a vote to leave will enable the UK to take back control of its borders. So for them the focus is primarily on Article 45 on the Treaty of the Functioning of the European Union (TFEU) which allows free movement of workers. But for individuals much movement to other EU Member States is covered by Article 56 TFEU on the free movement of services. This article will argue that empirical research shows that there is in fact an interesting link between temporary migration under Article 56 TFEU and ultimately permanent migration under Article 45 TFEU. Brexit has the potential profoundly to affect both.

Buildings ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 17
Author(s):  
Belinda Brucker Juricic ◽  
Mario Galic ◽  
Sasa Marenjak

This paper reviews the recent literature on skill and labour shortages in the labour market with special emphasis on the construction sector in the European Union Member States, foreseeing the Construction 4.0 era. The free movement of people is one of the rights of all citizens of the EU which also includes the free movement of workers. Labour shortages in the EU are expected to increase in the future due to a declining population and an ageing workforce. In order to recognize and forecast labour shortages, EU Member states use a variety of instruments but they do not answer as to whether it is possible to use migrant labour to appease those shortages. There are several systems used to classify labour shortages in the EU Member states. Most of the countries classify labour shortages in relation to different sectors or occupation groups as well as by skill levels, but in some Member States, classification is made according to the type of employment. Instruments used to measure labour shortages significantly differ from country to country. Several criteria are used for creating lists of shortage occupations and most of the criteria include demand side and supply side criteria. A majority of the Member States are facing labour and skill shortages in various sectors and the construction sector is not an exception. As total employment in the construction sector decreased, so did the share of employed migrants. Labour shortages in the construction sector can be eased by the availability of a labour supply willing to accept unqualified and low-paying jobs. The construction sector seeks low-, medium-, and high-skilled individuals and is most likely the sector where most of the incoming migrants will be working, which has an impact on the development and implementation dynamic of Construction 4.0.


2017 ◽  
Vol 25 (3) ◽  
pp. 43-66
Author(s):  
Saila Heinikoski

This article discusses how the right to free movement within the European Union is presented as a matter of obligation, a duty of the other EU member states, in the discourse of Romanian Presidents and Prime Ministers (2005–2015). An examination of speeches and other statements from these politicians illuminates Romanian political reactions during the period when Romania became an EU member state, and reflects perceptions of Europeanness and European agreements. These issues take on an additional contemporary significance in the context of the Brexit negotiations, and they also add to the broader debate on whether EU norms and obligations are seen as being both just and equally applied. By analysing different types of argumentative topoi, I examine the deontological (obligation-based) argumentation employed in the free movement context. Furthermore, I examine to what extent these arguments are invoked in support of the right to free movement and who this right applies to. I argue that for Romanian politicians, deontological free movement arguments are connected to other states’ compliance with European treaties and to demands for equal application of European rules without discrimination, or the delegation of responsibility to others. This manifested itself most frequently in the calls for the EU and its member states to do their duty by treating Romanians equally to other EU citizens.


2013 ◽  
Vol 3 (3) ◽  
pp. 1-7 ◽  
Author(s):  
Bob Deacon ◽  
Lorenzo Fioramonti ◽  
Sonja Nita

In many respects, Europe and Africa (particularly Southern Africa) represent two opposing examples in the study of intra-regional migration and social cohesion. The European Union (EU) has been a global pioneer in allowing freedom of movement and portability of social rights across member states. A centerpiece of the EU integration process has been the progressive establishment of a common market, in which goods, services, capital, and people can move freely. With regard to the la􀄴 er, the concept of free movement originally only targeted the economically active population (in other words, the free movement of workers) but was gradually extended by Treaty amendments to all citizens of the EU. This extension was further strengthened by the Treaty of Maastricht in 1992, which introduced the concept of citizenship in the European Union thereby establishing the fundamental and personal right to move and reside freely within the EU.


2019 ◽  
Vol 3 ◽  
pp. 69-84 ◽  
Author(s):  
Artur Gruszczak

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.


Competitio ◽  
2005 ◽  
Vol 4 (2) ◽  
pp. 7-12 ◽  
Author(s):  
Alexandre Lamfalussy

It is a mild understatement that nowadays the EU is navigating in rough waters. Close to half of the member countries of the Euro area are in breach of their fiscal stability commitment – and some of them very substantially. Quite a few heads of government publicly criticise the ECB’s monetary policy. Germany and France are determined to water down the Bolkenstein directive on the implementation of a genuine single market for services (which amount to about two-thirds of the EU’s GDP), to which, incidentally, no major objections had been raised by the governments of the member states during the drafting stage. There is no agreement on the longer term EU budget. Only Ireland, the UK and Sweden accept the free movement of the residents of the ten countries which became members of the EU in May last year.


Author(s):  
Filip Kokotovic ◽  
Peter Kurecic

The British referendum result to opt for exiting the European Union (EU) has left both the United Kingdom (UK), as well as the rest of the EU with questions regarding the future of the integration and their future economic development. While the EU member-states present a united front in regards to the leave process, there are deeply rooted divisions on all other relevant policy questions. The issues of migration, foreign policy, and the level of cohesion within the EU itself represent the questions where there is little or no consensus. The paper concludes that both the UK and the EU need to address a deep political divide and find a way to coexist in the aftermath of Brexit.


2020 ◽  
Vol 3 (1) ◽  
pp. 192-197
Author(s):  
Jakub Gábor

AbstractThe United Kingdom has left the European Union on 31 January 2020. Discussions that preceded such a move were conducted in three dimensions: they pertained a post-Brexit relationship between the UK and EU, future conduct within the UK and the one within the EU. Whilst public discourse has been dominated by the first two, this paper approaches the third one – on how Brexit has affected relationships between remaining 27 EU Member States. Stemming from the calculation of Banzhaf indices, it assesses the impact of Brexit on the voting power of remaining Member States in the Council of the EU – arguably the most important body within the EU institutional architecture – and identifies which countries are going to record the most significant gains and losses in this respect.


Author(s):  
McMeel Gerard

This chapter provides an overview of the relevant UK law. The timing of the coming into force in EU Member States of the Prospectus Regulation posed some problems of exposition of the law in the United Kingdom of liability for information in prospectuses. The date of the Regulation coming into force was when it was originally intended that the UK would leave the European Union. When the date for ‘Brexit’ was extended, the Regulation automatically came into force in accordance with orthodox EU and UK arrangements. However, after changing prime ministers, the date for Brexit became uncertain. Furthermore, there were questions as to whether the UK would leave pursuant to the negotiated Withdrawal Agreement or some other withdrawal agreement, or with no agreement with the EU (the ‘no deal’ scenario) at all. The chapter tries to address the various possible scenarios arising from these complications introduced by Brexit.


2020 ◽  
pp. 352-383
Author(s):  
Sylvia de Mars

This chapter traces how the free movement of persons developed, culminating into a constitutional identity for EU nationals that extends rights to economically inactive free movers as well. EU citizenship was formally established in 1992, and can be used as a marker to separate two distinct eras of the Court of Justice of the European Union (CJEU) case law on free movement of persons. The chapter then considers the personal and material scope of EU citizenship, and looks at CJEU case law on the free movement of EU citizens between 1992 and 2004. It also assesses the impact of the Citizenship Directive in 2004, as well as the impact of Brexit on EU citizenship. The controversy surrounding the development of ‘citizenship rights’ is of particular interest given the Brexit referendum; limitless immigration from the EU was found to be one of the primary reasons why the UK voted to leave the EU.


2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.


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