Free Movement: The Workseeker as Citizen

2001 ◽  
Vol 4 ◽  
pp. 93-132
Author(s):  
Michael Dougan
Keyword(s):  
Legal Status ◽  
Social Protection ◽  
Economic Factor ◽  
Free Movement ◽  
Best Interests ◽  
The European Union ◽  
Production Section ◽  
Union Section ◽  
Legal Position ◽  
The Common

This article is concerned with the legal position of Community nationals who move to another Member State in search of employment. Section II will summarise the traditional legal status of the workseeker viewed as an economic factor of production. Section III will explore the new legal status of the workseeker viewed as a citizen of the European Union. Section IV will offer some brief comments on the Commission’s 2001 proposal for an umbrella directive on free movement for Union citizens, and its implications for the migrant workseeker. It will be argued, through this analysis, that the institution of Union citizenship, so often criticised for its ‘us and them’ mentality in the treatment of third country nationals, is equally characterised by a ‘haves and have-nots’ approach to its own members—thus presenting a model which (albeit for perhaps understandable pragmatic reasons) is not necessarily in the best interests of maximising economic efficiency within the Common Market, places limits on certain of the political aspirations vested in the process of European integration, and questions the depth or at least the methodology of the Community’s stated commitment to attaining high levels of social protection.

Free Movement: The Workseeker as Citizen

2001 ◽  
Vol 4 ◽  
pp. 93-132
Author(s):  
Michael Dougan
Keyword(s):  
Legal Status ◽  
Social Protection ◽  
Economic Factor ◽  
Free Movement ◽  
Best Interests ◽  
The European Union ◽  
Production Section ◽  
Union Section ◽  
Legal Position ◽  
The Common

This article is concerned with the legal position of Community nationals who move to another Member State in search of employment. Section II will summarise the traditional legal status of the workseeker viewed as an economic factor of production. Section III will explore the new legal status of the workseeker viewed as a citizen of the European Union. Section IV will offer some brief comments on the Commission’s 2001 proposal for an umbrella directive on free movement for Union citizens, and its implications for the migrant workseeker. It will be argued, through this analysis, that the institution of Union citizenship, so often criticised for its ‘us and them’ mentality in the treatment of third country nationals, is equally characterised by a ‘haves and have-nots’ approach to its own members—thus presenting a model which (albeit for perhaps understandable pragmatic reasons) is not necessarily in the best interests of maximising economic efficiency within the Common Market, places limits on certain of the political aspirations vested in the process of European integration, and questions the depth or at least the methodology of the Community’s stated commitment to attaining high levels of social protection.

scholarly journals A Integração Econômica e o Regime Jurídico do Euro

2015 ◽  
Vol 10 (3) ◽  
Author(s):  
Fabrício José Rodrigues de Lemos
Keyword(s):  
European Union ◽  
Economic Integration ◽  
Free Movement ◽  
The European Union ◽  
Legal Regime ◽  
Freedom Of Establishment ◽  
Economic Relations ◽  
Free Movement Of Workers ◽  
Common Goals ◽  
The Common

A INTEGRAÇÃO ECONÔMICA E O REGIME JURÍDICO DO EURO  ECONOMIC INTEGRATION AND THE LEGAL REGIME OF THE EURO  Fabrício José Rodrigues de Lemos* RESUMO: Em um mundo de relações econômicas cada vez mais complexas, as nações se veem compelidas a formalizar uniões em torno de objetivos comuns, de maneira a fazer frente à acirrada concorrência internacional. Nesse sentido, buscam a formação dos chamados espaços econômicos integrados. Para isso, são necessários diversos requisitos, tais como a livre circulação de mercadorias, a liberdade de estabelecimento, a livre circulação de trabalhadores e de capitais. Entretanto, para que seja atingido o estágio mais aprofundado da integração econômica, além das exigências já exemplificadas, se constata imprescindível a instituição de moeda única. Nesse sentido, o artigo pretende, a partir de reflexões históricas e filosóficas acerca da implantação da zona do Euro, fazer apontamentos sobre a integração econômica existente na União Europeia, detalhando o regime jurídico da moeda única europeia, para, ao final, tecer considerações sobre o futuro do mercado comum europeu. PALAVRAS-CHAVE: Integração econômica. Zona do Euro. Regime jurídico. União Europeia. ABSTRACT: In a world of increasingly complex economic relations, nations find themselves compelled to formalize unions around common goals, in order to cope with the fierce international competition. In this sense, they seek the formation of the so-called integrated economic spaces. Thereunto, several requirements must be met, such as the free movement of goods, freedom of establishment, free movement of workers and capital. However, in order to achieve the furthest stage of economic integration, in addition to the requirements already explained, the institution of a single currency is imperative. In this sense, the article intends to give pointers, from historical and philosophical reflections about the implementation of the Euro zone, on the existing economic integration in the European Union, detailing the legal regime of the single European currency, to, at the end, weave considerations about the future of the common European market. KEYWORDS: Economic integration. Eurozone. Legal regime. European Union. SUMÁRIO: Introdução. 1 Reflexões Históricas e Filosóficas acerca da Implantação da Zona do Euro. 1.1 Implantação da Zona Monetária Comum e o Critério de Convergência. 1.2 Conceito de eficiência em Richard Posner e a maximização da riqueza e do bem-estar social. 2 Regime Jurídico na Zona do Euro. 2.1 Integração regional e o Mercado Comum Europeu. 2.2 Considerações sobre o futuro do Mercado Comum Europeu. Considerações Finais. Referências.  * Mestrando em Direito Público, na Linha de Pesquisa Sociedade, Novos Direitos e Transnacionalização, pela Universidade do Vale do Rio dos Sinos (UNISINOS). Bacharel em Direito pela Universidade do Vale do Rio dos Sinos (UNISINOS). Integrante do Núcleo de Direitos Humanos da Unisinos (NDH). Advogado. 

scholarly journals THE STUDY ON THE SEPARATION OF OWNERSHIP AND CONTROL OF MALAYSIAN COMPANIES

2019 ◽  
pp. 36-44
Author(s):  
Kamaliah Salleh ◽  
Noor ‘Ashikin Hamid ◽  
Noraida Harun ◽  
Asiah Bidin ◽  
Zuhairah Ariff Abd Ghadas
Keyword(s):  
Content Analysis ◽  
International Law ◽  
Common Law ◽  
Best Interests ◽  
Board Meeting ◽  
Judicial Decisions ◽  
Legal Position ◽  
The Common ◽  
And Control ◽  
Made In

The members own the company by virtue of their shareholding and the directors manage and exercise control over the company’s affairs through the company’s board meeting. Despite segregation of powers and roles between the members and directors, there has been an inclination on the part of the members to participate to a greater extent in the company’s affairs. This paper aims to establish the legal position as between the directors and members that reflect the separation of control and ownership in the company under the common law and the Malaysian law. The method used in this study is the content analysis of the reported Malaysian and international law cases as well as the statutory provisions in order to examine the legal position established under the common law, the previous Companies Act 1965 and the newly introduced Companies Act 2016. The study reveals that the separation between the two has long been recognized and upheld by the common law as well as the Malaysian Acts. The introduction of section 195 of the Companies Act 2016, however, allows members to raise their voice in relation to matters which are within the powers of directors, hence the separation becomes slightly vague. In the absence of the latest judicial decisions to test the application of section 195, further review on its application may be required in order to determine methods to measure if a members’ recommendation is truly made in the best interests of the company.

scholarly journals European Citizenship in the Ongoing Brexit Process

2021 ◽  
Vol 58 (2) ◽  
pp. 168-183
Author(s):  
Willem Maas
Keyword(s):  
European Union ◽  
Legal Status ◽  
Free Movement ◽  
The Political ◽  
The European Union ◽  
Political Dynamics ◽  
European Project ◽  
European Citizenship ◽  
The Uk ◽  
Important State

Although traumatic, the ongoing Brexit process does not fundamentally alter either the legal status of European citizenship or the debates about it within the European Union (EU). Citizenship and free movement are so fundamental to the European project that even the new status of an important state like the UK does not change the political dynamics surrounding them.

14. Free Movement of Goods II

2021 ◽  
pp. 557-596
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
General Internal ◽  
The Common ◽  
Free Movement Of Goods

This chapter examines the constitutional principles governing positive integration. It begins by analysing the scope and nature of the two general internal market competence(s): Articles 114 and 115 of the Treaty on the Functioning of the European Union (TFEU). The European Union has an—almost—unlimited competence to harmonize national laws that affect the establishment or functioning of the internal market. The chapter then looks at the more limited special competences given to the Union in Articles 113 and 118. It also investigates how the Union can use its internal market competences via distinct harmonization methods. Finally, the chapter offers an excursion into a particular, yet fundamentally important, aspect of positive integration in the internal market: the Common Agricultural Policy.

The Customs Union in its EU Context

2018 ◽  
Author(s):  
Timothy Lyons QC
Keyword(s):  
Free Movement ◽  
Customs Union ◽  
The European Union ◽  
Title 1 ◽  
Member States ◽  
Equivalent Effect ◽  
The Common ◽  
Free Movement Of Goods ◽  
Treaty Of Amsterdam

Until the ratification of the Treaty of Amsterdam in 1997, the EC Treaty, as it then was, had dealt with the customs union in Articles 9 to 29 which constituted Chapter 1 of Title 1 and was devoted to free movement of goods. Many of the provisions dealt with the staged reduction of duties on imports between Member States and with the procedure by which a common customs tariff was to be established. As the customs union was created on 1 July 1968, by 1997 rationalization of the customs duty provisions in the EC Treaty was clearly long overdue. It was achieved by the Treaty of Amsterdam which ensured that the EC Treaty dealt with the main elements of the customs union in just five articles, Articles 23 to 27. These now appear in the Treaty on the Functioning of the European Union (TFEU) in Articles 28 to 32. Articles 30 to 32 constitute Chapter 1 of Title II on the free movement of goods. Article 30 provides that customs duties on imports and exports, and charges having equivalent effect, are prohibited between Member States together with customs duties of a fiscal nature. Article 31 states that the common customs

The Scope of the EU Treaty-Making Power on Foreign Investment: Between Wishful Thinking and Pragmatism

2016 ◽  
pp. 86-115
Author(s):  
Luis M. Hinojosa-Martínez
Keyword(s):  
European Union ◽  
Foreign Investment ◽  
Trade Agreement ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Lively Debate ◽  
The Common ◽  
Free Movement Of Capital ◽  
The Eu

Since the Treaty of Lisbon introduced ‘foreign direct investment’ into the provisions on the common commercial policy of the European Union (EU), the scope of that competence has raised a lively debate. Much less attention, however, has been paid to the rules on the free movement of capital in the Treaty on the Functioning of the European Union, although this area is highly relevant to clarify the blurred boundaries of the EU’s competence concerning foreign investment. This article reviews arguments from the chapter on the free movement of capital and from the recent European practice and case-law to shed light on the debate about the competence on foreign investment. It also depicts the circumstances in which the Court of Justice has to deliver its Opinion on the EU competence to sign and conclude the EU-Singapore Free Trade Agreement.

10. Free movement of goods I: tariff and tax barriers

2020 ◽  
pp. 267-286
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Internal Market ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Equivalent Effect ◽  
The Common ◽  
Free Movement Of Goods

This chapter examines European Union (EU) law concerning tariff and tax barriers. It explains the legislative provisions of the Treaty on the Functioning of the European Union (TFEU) for the free movement of goods and those of secondary legislation. The coverage of the TFEU provisions includes customs duties and charges having equivalent effect, the Common Customs Tariff, and the equivalent measures with equivalent effects on exports and imports. This chapter also evaluates the progress towards the achievement of the goals of the Treaty and discusses the establishment of the internal market and the prohibition of discriminatory taxation.

scholarly journals Regions without borders? Regional governance, migration, and social protection in Africa and Europe

2013 ◽  
Vol 3 (3) ◽  
pp. 1-7 ◽  
Author(s):  
Bob Deacon ◽  
Lorenzo Fioramonti ◽  
Sonja Nita
Keyword(s):  
European Union ◽  
Social Protection ◽  
Regional Governance ◽  
Free Movement ◽  
Social Rights ◽  
The European Union ◽  
Active Population ◽  
Eu Integration ◽  
Free Movement Of Workers ◽  
The Eu

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.

scholarly journals "KAWIN TANGKAP" TRADITION IN MAQASID AL-SYARI’AH AND INDONESIAN LAW PERSPECTIVE

2020 ◽  
Vol 5 (2) ◽  
pp. 127-142
Author(s):  
Muhdi Muhdi
Keyword(s):  
Social Control ◽  
Legal Status ◽  
Social Protection ◽  
Islamic Law ◽  
Field Research ◽  
Protection System ◽  
Positive Law ◽  
Legal Position ◽  
The Village ◽  
Legal Sociology

This article is the result of a qualitative field research with a legal sociology approach. This article discusses the tradition of intermarrying with the eyes of Islamic law and positive law. The researcher uses the maqasid shariah theory in explaining the legal position of capture marriage. The maqasid shariah theory has a flexible and adaptive character in determining the legal status of localistic matters. The location of this research is in Pekalongan village, Sampang district, Madura. This study concludes that marriage arrests in the village of Pekalongan are legal, even obligatory, seeing that the implementation of the marriage arrest law cannot be separated from the main purpose of implementing Islamic laws. Capture marriage fulfills the maqashid al-sharī'ah element. Capture marriages function as hifd al din, namely tradition as religious social control, as a social protection system that fulfills the elements of hifdh an-nafs (avoiding cases of violence and vigilantism), hifdh an-nasl (avoiding offspring from illicit relationships), hifdh al-mal (avoiding the use of money in vain), hifdh al-aql (maintaining a healthy mindset and avoiding depression). Capture marriages are marriages that have no legal force because they are not registered.. Keywords: kawin tangkap tradition, maqasid shariah, law   Abstrak Artikel ini adalah hasil penelitian kualitatif lapangan dengan pendekatan sosiologi hukum. Artikel ini mendiskusikan tradisi kawin tangkap dengan kacamata hukum islam dan hukum positif. Peneliti menggunakan teori maqasid shariah dalam menjelaskan posisi hukum kawin tangkap. Teori maqasid shariah mempunyai karakter fleksibel dan adaptif dalam menentukan status hukum hal yang bersifat lokalistik. Lokasi penelitian ini berada di desa Pekalongan Kecamatan Sampang Madura. Penelitian ini menyimpulkan bahwa kawin Tangkap di desa Pekalongan hukumnya boleh, bahkan wajib, melihat pemberlakuan hukum kawin tangkap tidak lepas dari tujuan pokok pemberlakuan hukum-hukum Islam. Kawin tangkap memenuhi unsur maqashid al-sharī’ah. Kawin tangkap berfungsi sebagai hifd al dīn yaitu tradisi sebagai kontrol sosial keagamaan, sebagai sistem perlindungan social yang memenuhi unsur hifdh an-nafs (menghindari terjadinya kasus kekerasan dan main hakim sendiri), hifdh an-nasl (menghindari adanya keturunan dari hubungan yang terlarang), hifdh al-mal (menghindari penggunaan uang dengan sia-sia ), hifdh al-aql (menjaga pola pikir sehat dan menghindari kedepresian ). Kawin tangkap merupakan nikah yang tidak memiliki kekuatan hukum karena tidak dicatatkan. Kata Kunci: tradisi kawin tangkap, maqasid shariah, undang-undang positif.

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