scholarly journals The Bologna Declaration and Free Movement of European Union Citizens in the Fields of Legal Education and the Legal Profession – Observations in Finland

2017 ◽  
Vol 15 (4) ◽  
pp. 21-37
Author(s):  
Matti Ilmari Niemi
Keyword(s):  
European Union ◽  
Member State ◽  
Home Country ◽  
Legal Education ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Bologna Declaration ◽  
The Right ◽  
Law Degree

Finland is a member of the European Higher Education Area. The principles of the Bologna Declaration have become reality in certain respects. The form and structure of Finnish law degrees are uniform with the Bologna model. However, mobility and the free movement of students have only been realised in a limited sense. Finnish law degrees are still closed both in international and national respects. Uniformity of degrees is treated here as a means to carrying out free movement and the right of establishment as the principles of the European Union. Uniformity of degrees is a necessary precondition in recognising degrees earned in another country. Without the recognition of the workmanship and degree earned in a home country, it is very difficult to establish oneself in a host county. Both the basic treaties and the applicable directives of the European Union obligate member states to recognise degrees earned in other member states. There are, however, important exceptions and restrictions. Lawyers often work as judges, prosecutors, bailiffs and other officers. They are subject to exceptions and restrictions. As a rule, advocates have the freedom to provide services and establish themselves in a permanent way, and act as advocates in another member state. Even in this case, there are steps and restrictions. In practice, it is not easy to move to another member state and act as an advocate with the help of a law degree earned in the home state. Basically, the reasons for these difficulties are the differences between national legal systems.

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.

20. Economic rights: workers, establishment and services

2020 ◽  
pp. 470-506
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Regulatory Competition ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Economic Rights ◽  
The Right

This chapter examines the provisions of European Union (EU) law concerning economic rights provided by Articles 45, 49 and 56 of the Treaty on the Functioning of the European Union (TFEU), concerning workers, establishment and services respectively. It discusses the Court of Justice’s (CJ) interpretation and its impact on Member States’ ability to regulate the right to trade within their own territory, as well as regulatory competition between Member States. The chapter discusses the harmonization of qualifications (including the Qualifications Directive), the free movement of lawyers and the Services Directive.

Calls of Duty: Romanian Politicians’ Deontological Discursive Strategies for Securing Free Movement in the European Union

2017 ◽  
Vol 25 (3) ◽  
pp. 43-66
Author(s):  
Saila Heinikoski
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Prime Ministers ◽  
Discursive Strategies ◽  
Eu Member States ◽  
Different Types ◽  
The Right ◽  
The Eu

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.

6. Free movement of persons

2018 ◽  
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.

Free Movement for Some: The Treatment of the Roma after the European Union’s Eastern Expansion

2013 ◽  
Vol 15 (1) ◽  
pp. 7-28 ◽  
Author(s):  
Jacqueline S. Gehring
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
The Right

Abstract Securing the free movement of people has been one of the most difficult challenges for the European Union. The migration of Roma to ‘old’ Member States has been met with hostility and deportation, sometimes voluntary, other times forced. The states that have engaged in deportation have faced minimal sanction from the European Union. This article explores the European Union’s faltering enforcement of the right to free movement. Does the right to free movement exist only for a subset of EU citizens?

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.

scholarly journals Restrictions on European Union Citizens’ Freedom of Movement and Residence in the Country on Grounds of Public Policy, Public Security and Public Health

2016 ◽  
Vol 6 (1) ◽  
pp. 48-68 ◽  
Author(s):  
Algis Junevičius ◽  
Rasa Daugėlienė
Keyword(s):  
Public Health ◽  
Public Policy ◽  
European Union ◽  
Member State ◽  
Free Movement ◽  
Public Security ◽  
State Governments ◽  
The European Union ◽  
Free Movement Of Persons ◽  
The Right

AbstractThe free movement of persons is one of the most successful European Union projects, serving as a majorly important factor promoting the European integration processes. The adoption of the Treaty on the European Union and the creation of EU citizenship implemented significant changes: the status of EU citizens and their right to move and reside freely within the territory of the Member States can no longer be interpreted in the way it was before the adoption of the Treaty on the European Union. There are no requirements for EU citizens within the Treaty to pursue professional or independent activities or to work under an employment contract in order to access provided rights. However, the right of free movement is not unlimited. The administrations of the Member State governments are authorized to impose restictions on the free movement of citizens. In the light of these facts, this article examines exceptions in the field of free movement of persons and indentifies concepts of public policy, public security and public health. Special attention is given to so-called rule limitation of restrictions and to the mechanism of protection against expulsion from the country. The article concludes by saying that the institutions of Member State governments have the right to evaluate threats within the territory of the country and to decide on the content of public security by themselves. However, their discretion can not be used as an instrument to treat the conduct of other Member State citizens in a worse way than that of their own local citizens.

scholarly journals Freedom of movement for persons in the European Union Law

2003 ◽  
Vol 55 (1) ◽  
pp. 57-88
Author(s):  
Zaklina Novicic
Keyword(s):  
European Union ◽  
Member State ◽  
Free Movement ◽  
Individual Rights ◽  
The European Union ◽  
European Union Law ◽  
Freedom Of Movement ◽  
The Common ◽  
Free Movement Of Persons ◽  
The Right

In this article the author analyses the evolution of complex corpus of legislation concerning the freedom of movement for persons in European Union Law. The article deals with the subject in two aspects: the first part of the analysis considers the conceptual development of free movement of persons by way of deliberation of building-up the authority of Union in that area, and the second part analyses the contents of the right of the Union citizens to move and reside freely within the territory of the Member State. The freedom of movement for people includes the right of Union citizens to enter, move and reside in another Member State and, in that context prohibition of any discrimination based on nationality. Conceived originally as primarily an economic phenomenon, the free movement of persons was closely linked to the pursuit of an occupation. It was the mobility of human resources as a factor of production, which inspired the chapters of the Treaty establishing the European Economic Community (1957) relating to the free movement of workers, freedom of establishment and the freedom to provide services. In that sense, freedom of movement is a part of a wider concept, that of the common/internal market. Since then, through the combined effect of secondary legislation and the case law of the Court of Justice, the concept has been broadened and it tends, from the Maastricht Treaty (1992), to form one of the fundamental and individual rights of Union citizens generally. Also, the amendments of EEC Treaty, which were made by the Single European Act (1985) and specially by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001), have formalised the external aspect of freedom of movement. Namely, it was recognised that freedom of movement for persons could not take place at the expense of security, protection against crime and illegal immigration. The abolition of internal controls has generated the need of the transferring checks to the external frontiers of the Union and, in this connection, the gradual establishment of an area of freedom, security and justice. In the first part of the article the author presents and analyses the development of the Union power in the policies of freedom of movement: in facilitating of free movement of people as a principle of the common/internal/single market, in achievement of the right to free movement for Union citizens, and also in the fields related to the external aspect of freedom of movement, or, actually, the issues pertaining to visas, asylum and immigration. The second part presents the specific contents of freedom of movement for persons that consists of the corpus of individual rights enjoyed by Union citizens on the territories of EU Member States that are not countries of their origin. These are the right to entry and residence and the right to engagement in gainful activity as well as the related social rights. This part of the article also explores the freedom of movement restriction regime as well as the corresponding Union legislation in preparation.

The European Union and dentistry

2013 ◽  
Author(s):  
Blánaid Daly ◽  
Paul Batchelor ◽  
Elizabeth Treasure ◽  
Richard Watt
Keyword(s):  
European Union ◽  
Member State ◽  
Direct Action ◽  
European Union Country ◽  
The European Union ◽  
Member States ◽  
Freedom Of Movement ◽  
The Uk ◽  
The Right ◽  
High Level

As the UK is part of the European Union it is important to understand the effect this has on the practice of dentistry. This chapter briefly reviews the European Union legislation as it relates to dentistry, and describes common features found in European states with regard to the practice of dentistry. The European Union consists of 28 member states with over 520 million citizens. Article 129 of the Treaty of Rome requires the European Union: . . . ● to contribute towards ensuring a high level of human health protection; . . . . . . ● to direct action towards the prevention of diseases, particularly of the major health scourges, including drug dependence, by promoting research into their causes and transmission, as well as health information and education. . . . One area in which the European Union works is by funding collaborative research between member states, for which major research schemes are available. It is not yet clear what the European Union’s role will be in public health, although there are developments in this area. In 1969, the principle of freedom of movement was established and aimed to ‘abolish any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment’. This means that every worker who is a citizen of a member state has the right to: . . . ● accept offers of employment in any European Union country; . . . . . . ● move freely within the European Union for the purposes of employment; . . . . . . ● be employed in a country in accordance with the provisions governing the employment of nationals of that country; . . . . . . ● remain in the country after the employment ceases. . . . The freedom of movement has applied to dentists since 1980, if their education has met the requirements of the Dental Directives. The European Union Dental Directives (78/686 and 687 EEC) mean that any national of a member state who holds one of the recognized qualifications of dentistry may practice dentistry in any other member state.

The Google Ireland Case and the Legal Battle over Digital Taxes in the European Union

2021 ◽  
Vol 14 (1) ◽  
pp. 209-220
Author(s):  
Giulio Allevato ◽  
Fernando Pastor-Merchante
Keyword(s):  
European Union ◽  
Digital Economy ◽  
Free Movement ◽  
Preliminary Ruling ◽  
The European Union ◽  
Topical Issue ◽  
Member States ◽  
Court Of Justice ◽  
Legal Battle ◽  
The Way

The preliminary ruling of the Court of Justice of the European Union in the Google Ireland case turned on the compatibility with the rules on free movement of some of the administrative arrangements put in place by Hungary in order to administer its controversial advertisement tax (namely, the obligation to register and the penalties attached to the failure to comply with that obligation). The preliminary ruling offers some interesting insights on the way in which the Court assesses the compatibility with the freedom to provide services of national administrative arrangements aimed at ensuring the effective collection of taxes. This is a topical issue in the context of the recent efforts made by Member States to tax the digital economy more effectively.

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