European Union citizenship – free movement for all?

2018 ◽  
pp. 144-179
Author(s):  
Jessica Guth ◽  
Sanna Elfving ◽  
Sophie Mayat
Keyword(s):  
European Union ◽  
Free Movement ◽  
Union Citizenship

What’s in a Name? Equal Treatment, Union Citizens and National Rules on Names and Titles

ICL Journal ◽  
2017 ◽  
Vol 11 (4) ◽  
Author(s):  
Ágoston Mohay ◽  
Norbert Tóth
Keyword(s):  
European Union ◽  
Free Movement ◽  
Equal Treatment ◽  
Eu Law ◽  
European Union Law ◽  
Court Of Justice ◽  
Union Citizenship ◽  
Constitutional Identity ◽  
The Eu ◽  
Relevant Judgment

AbstractThe construction of names and the use of nobility titles is not regulated by European Union law. Yet the Court of Justice of the EU has had to deal with such issues on various occasions where national rules on names or titles had to be contrasted with the EU law on equal treatment, Union citizenship and free movement and residence. Rules on names fall essentially within the competence of the member states, but the states have to regard EU law when exercising this competence. Our paper undertakes to analyse this issue in light of a recent relevant judgment, the Bogendorff von Wolffersdorff case, having regard also to the Court’s reasoning regarding the national constitutional identity clause [Art 4 (2)TEU]. We argue – inter alia – that the Court of Justice decided in this judgment not to favour the rights of a free-moving EU citizen (even if the judgment admittedly affects only a limited circle of individuals) and put national constitutional identity first, yet the way in which the identity clause was used by the Court is also debatable in our view.

European Union Law

2021 ◽  
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Competition Law ◽  
Free Movement ◽  
The European Union ◽  
Constitutional History ◽  
European Union Law ◽  
The Past ◽  
Part Structure ◽  
Free Movement Of Goods ◽  
Substantive Law

European Union Law uses a distinctive three-part structure to examine the constitutional foundations, legal powers, and substantive law of the European Union. This third edition includes an updated dedicated chapter on the past, present, and future of Brexit. Part I looks at the constitutional foundations including a constitutional history and an examination of the governmental structure of the European Union. Part II looks at governmental powers. It covers legislative, external, executive, judicial, and limiting powers. The final part considers substantive law. It starts off by examining the free movement of goods, services, and persons. It then turns to competition law and finally ends with an analysis of internal and external policies.

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.

II. Free Movement of Persons

2001 ◽  
Vol 50 (1) ◽  
pp. 168-175 ◽  
Author(s):  
Jules Lonbay
Keyword(s):  
European Union ◽  
Subject Matter ◽  
Free Movement ◽  
The European Union ◽  
Amsterdam Treaty ◽  
Previous Note ◽  
Title Iv ◽  
Treaty Of Rome ◽  
Free Movement Of Persons ◽  
Criminal Matters

As mentioned in the previous note1 the Amsterdam Treaty significantly alters the treaty structure as regards the free movement of persons. The EC treaty now has, as one of its formal activities as set out in article 3(1)(d), “measures concerning the entry and movement of persons as provided for in Title IV”. The creation of a new Title IV in the EC Treaty on establishing an area of freedom, security and justice moves a corpus of subject matter2 from the inter-governmental pillar on Justice and Home Affairs to the Treaty of Rome. The aim clearly set out is to establish, within five years, all the measures necessary to create “an area without frontiers” in accordance with Article 143 together with “flanking measures with respect to external board of controls of asylum and immigration” as well as “measures to prevent and combat crime in accordance with the provisions of Article 31 (e) of the Treaty on European Union”.4 Co-operation between the Member States is also to be strengthened and encouraged5 as well as measures in the field of police and judicial co-operation in criminal matters though the latter is in accordance with the provisions of the Treaty on the European Union.6

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