News from the East: Perceptions of the Free Movement of Persons in the Polish Popular Press

2017 ◽  
Vol 31 (4) ◽  
pp. 799-817
Author(s):  
Andrew Anzur Clement
Keyword(s):  
National Identity ◽  
Identity Formation ◽  
Economic Benefits ◽  
Free Movement ◽  
National Interests ◽  
Eu Integration ◽  
Eu Membership ◽  
The Press ◽  
Free Movement Of Persons ◽  
The Eu

The free movement of persons in the EU has been thought of as reflecting an ideal of supranational solidarity within the single market. However, over the past decade, it has become a source of political contention among European peoples. Much attention has been paid to Western European, anti-EU sentiment regarding Central Eastern European migration. Yet euroskeptic populism has recently risen within the eastern EU as well. Despite this phenomenon, less attention has been given to discursive views of the free movement of persons in the eastern expansion countries. This contribution takes issue with transactionalist and utilitarian approaches to identity formation. It argues that resilient national identity shapes the perception of national interests regarding the market-based citizenship promoted by the EU institutions. Through qualitative analysis of the high-circulation popular Polish press, this study finds that when viewed through national identity–based interest perceptions, the free movement of persons is not framed in terms of “actual” economic benefits or opportunities. Instead, it is framed as a dubious benefit of EU integration, in relation to many obligations of EU membership. In contrast, the press discourse examined here frames intra-Union migration as the continuing unfortunate necessity of emigration. Thus, national identity conceptions may influence the eastern EU press narrative, causing it to frame the free movement of persons negatively, in terms of perceived interests.

Square Pegs and Round Holes: The Free Movement of Persons Under EEA Law

2017 ◽  
Vol 19 ◽  
pp. 165-186
Author(s):  
Christian NK FRANKLIN
Keyword(s):  
Free Trade ◽  
Case Law ◽  
Fundamental Principle ◽  
Free Movement ◽  
Trade Association ◽  
Eu Law ◽  
European Free Trade Association ◽  
Court Of Justice ◽  
Free Movement Of Persons ◽  
The Eu

AbstractWhilst the European Union’s aim of achieving an ‘ever closer Union’ is not an objective of EEA cooperation, homogeneity demands that we follow the same path: as the Union gets ever closer, so too does EEA cooperation, in light of the demands of the fundamental principle of homogeneity. This is particularly well demonstrated by looking at developments in the field of the free movement of persons. The case law of the Court of Justice of the European Free Trade Association (EFTA Court) in this field shows that in situations where homogeneity is put to the test, there seems little to suggest that a more national sovereignty-friendly approach has been adopted than under EU law. Notwithstanding the integral differences between the EU and EEA legal constructs, the EFTA Court has proven highly adept at keeping pace with EU developments in the field through a number of bold and creative interpretations of EEA law, and by using different tools to arrive at uniform conclusions.

EU Loyalty

2019 ◽  
pp. 45-80
Author(s):  
Christina Eckes
Keyword(s):  
The European Union ◽  
National Interests ◽  
Member States ◽  
Eu Membership ◽  
Legal Obligations ◽  
External Relations ◽  
The Common ◽  
Duty Of Loyalty ◽  
International Representation ◽  
The Eu

Chapter 2 discusses the legal consequences and deeper meaning of EU loyalty with particular attention to external relations. It identifies specific active and passive obligations flowing from the principle of sincere cooperation in the context of EU external relations and argues that they are best understood as forming part of a comprehensive duty of loyalty. EU loyalty endows EU membership with a distinctive meaning. It is central to imposing a quasi-federal discipline and making sovereign states ‘Member States of the EU’ by acting as a tool that can at times take specific legal obligations beyond the letter of the law. EU loyalty legally restrains Member States from exercising their rights as independent international actors in a way that finds no parallel beyond the European Union. It may require placing the common Union interest above national interests. The concept of unity of international representation has a particular capacity to deepen and widen the obligations flowing from EU loyalty. It amplifies the effects of EU loyalty on the scope of legal action of the Member States, including in the field of reserved competences. It is also part of the explanation of why loyalty has more stringent consequences externally rather than internally. This in turn means that the duty of loyalty has a particular integrative force in the context of external relations. Chapter 2 also argues that this stringent understanding of EU loyalty is justified by the nature of external relations and that this justification should be (better) explicated by the EU institutions in order to justify EU external actions vis-à-vis EU citizens.

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.

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.

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.

scholarly journals Austrian agriculture: experience with the CAP and the anticipated effects of the EU’s Eastern enlargement

2012 ◽  
Vol 49 (No. 2) ◽  
pp. 80-86 ◽  
Author(s):  
M. Schneider
Keyword(s):  
The European Union ◽  
Eastern Enlargement ◽  
Rural Regions ◽  
Food Industries ◽  
Eu Integration ◽  
Eu Membership ◽  
Market Shares ◽  
Behavioural Patterns ◽  
Policy Measures ◽  
The Eu

The transition to the CAP and admission to the internal market triggered a shock wave in Austria which caused fundamental changes in the country&rsquo;s farming and food industries. Behavioural patterns stuck in traditional routines and petrified structures began to break up. The resulting thrust towards modernisation has been a major success of the EU integration.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <br />Eastern enlargement, about to be embarked on by the European Union, will have a&nbsp;greater impact on Austrian agriculture than the country&rsquo;s accession to the EU ever had. Farmers will have to brace for a loss of market shares and an additional pressure to adjust. The rural regions bordering the accession candidates will be particularly hit and thus require special attention in terms of economic policy measures. Agriculture and rural regions in Eastern Europe will profit from the EU-membership.

The self-perpetuation of EU constitutionalism in the area of free movement of persons: Virtuous or vicious cycle?

2013 ◽  
Vol 2 (1) ◽  
pp. 125-150 ◽  
Author(s):  
ANJA WIESBROCK
Keyword(s):  
Mutual Influence ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
Inherent Feature ◽  
The Face ◽  
Initial Resistance ◽  
Free Movement Of Persons ◽  
The Eu

AbstractThis paper analyses the mutual influence and self-perpetuating cycle of legitimacy of EU legal scholars and the Court of Justice of the European Union (CJEU) in expanding and broadening the free movement rights of Union citizens and their family members. It is argued that legal scholars have played a dual role in promoting the constitutional paradigm of an ever-expanding scope of directly enforceable residence and movement rights in the EU. First, by presenting the expansion of free movement rights as an inevitable outcome of the EU constitutional order based on directly enforceable individual rights, scholars have played a significant role in legitimizing the jurisprudence of the Court in the face of initial resistance from the member states. Second, legal scholars have been an important source for the Court of Justice in developing its case law in this area. The Advocates General in their opinions have drawn on an expanding field of scholarship presenting the expansion of free movement rights as an inherent feature of the EU as a constitutional legal order. Spurred by the objective of turning the EU into more than an internal market, the opinions of the Advocates General have mostly been followed by the Court. Legal scholars have thus served not only as a legitimizing force, but also as a source of inspiration for the perceived constitutionalization of free movement rights in the EU.

Slovenia and the European Union

2017 ◽  
Author(s):  
Ana Bojinović Fenko ◽  
Marjan Svetličič
Keyword(s):  
European Union ◽  
Development Strategy ◽  
Economic Benefits ◽  
Political Life ◽  
The European Union ◽  
Western Balkans ◽  
Eu Membership ◽  
Time Space ◽  
Main Challenge ◽  
The Eu

Despite having fought for their bare survival against hostile foreigners, after finally reaching their independence and international recognition in 1991/92, paradoxically, even before fully assuming statehood Slovenians were eager to engage in yet another international integration—the European Union. This historical and societal wager, rather than merely political elites’ driven perspective, dominates as the prevailing reason for pursuing EU membership; thus security assurance to a small geopolitically transit state, economic benefits of a larger common market in conditions of economic globalization, and cultural proximity of Slovenian to European society explain Slovenian general identity-related elements favoring membership in the EU. There is also a more immediate time-space related explanatory factor for this, namely, the collapsing of the socialist Yugoslavia starting by the end 1980s and a view of assuring the democratic political life and market-lead economy via integration with Western European countries rather than South Slavic nations or following other alternative scenarios like full liberalization with all partners’ strategy. Authors critically evaluate where and why during the effort of becoming an EU member state and performing excellently as one during the first four years, the state fell short of capability-building and/or seizing the opportunities of EU membership. As the latter has been most brutally exposed via the effects of the 2008–2014 economic and financial crisis, of key importance for Slovenians currently stands a self-reflection of its development strategy, enhancing competitiveness, and the state’s role within the European family of nations. The main challenge is how to overcome the small state hindrances and more effectively formulate and project national interest to the EU level; with that in mind, the central questions for Slovenians remain assurance of social security to citizens, upgrading economic union to face more effectively global challenges and inter-state solidarity, refreshing enlargement policy for the remaining Western Balkans non-member states and ensuring Slovenian participation in the group of core states leading the European integration.

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