6 Opting In and Opting Out of Rules Concerning the Free Movement of Persons: Problems and Practical Arrangements

1998 ◽  
Vol 1 ◽  
pp. 107-124
Author(s):  
Jaap W. de Zwaan
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Opting Out ◽  
The Third ◽  
Amsterdam Treaty ◽  
The Future ◽  
Policy Fields ◽  
Free Movement Of Persons

The opt-ins and opt-outs, which appear at different places in the Amsterdam Treaty where the policy related to movement of persons is concerned, are the result of difficult negotiations concerning the future of the Third Pillar, which was introduced by the Treaty on European Union. More particularly, these arrangements are the result of the discussions on “communautarisation” and the integration of Schengen co-operation in the framework of the European Union. “Communautarisation” concerns the process of transferring substantive matters from the Third Pillar area to the First Pillar area. This process implies, as a result, that proper Community procedures become applicable in these new policy fields.

Opting In and Opting Out of Rules Concerning the Free Movement of Persons: Problems and Practical Arrangements

1998 ◽  
Vol 1 ◽  
pp. 107-124
Author(s):  
Jaap W. de Zwaan
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Opting Out ◽  
The Third ◽  
Amsterdam Treaty ◽  
The Future ◽  
Policy Fields ◽  
Free Movement Of Persons

The opt-ins and opt-outs, which appear at different places in the Amsterdam Treaty where the policy related to movement of persons is concerned, are the result of difficult negotiations concerning the future of the Third Pillar, which was introduced by the Treaty on European Union. More particularly, these arrangements are the result of the discussions on “communautarisation” and the integration of Schengen co-operation in the framework of the European Union. “Communautarisation” concerns the process of transferring substantive matters from the Third Pillar area to the First Pillar area. This process implies, as a result, that proper Community procedures become applicable in these new policy fields.

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

scholarly journals Reflections on the use of subsidies received from the Agriculture and Rural Development Operational Programme and the European Agricultural Fund for Rural Development in the micro-region Ibrány-Nagyhalász

2012 ◽  
pp. 211-216
Author(s):  
Csilla Nagy
Keyword(s):  
European Union ◽  
Rural Development ◽  
Development Programme ◽  
The European Union ◽  
The Third ◽  
Rural Development Programme ◽  
The Future

Hungary’s accession to the European Union caused major changes in the country’s life. Rural development subsidies can be received through extensive application mechanisms. This is particularly challenging for lagging micro-regions. My study presents the lagging microregion of Ibrány-Nagyhalász, focusing on what types of organizations and upon what grounds received subsidies in the framework of the Agriculture and Rural Development Operational Programme 2004–2006 (AVOP). I focus on the same parameters when examining the measures in the third axis of the New Hungary Rural Development Programme 2007–2013 (ÚMVP), followed by a comparison between the two programmes’ effectiveness. I conclude that due to the experience collected throughout the period of AVOP, both the number and the quality of applications have risen from the year 2007. Still, due to the lack of competence, cooperation and motivation, the region's planned improvements are not yet fully met and the capabilities of the region are not yet fully exploited. For the future, even more complex and more feasible projects are needed.

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.

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.

23. Free movement of persons: limitations on grounds of public policy, public security or public health

2020 ◽  
pp. 540-556
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
Public Health ◽  
Public Policy ◽  
European Union ◽  
Free Movement ◽  
Public Security ◽  
Eu Law ◽  
The European Union ◽  
Rule Of Reason ◽  
Free Movement Of Persons ◽  
The Relationship

This chapter examines the European Union (EU) law concerning the free movement of persons and the limitations of this right on grounds of public health, public security, or public policy, including the ‘rule of reason’ and expulsion, refusal of entry or an entry ban due to criminal offences or other personal conduct. It analyses the relationship between the Citizens’ Rights Directive (CRD) (Directive 2004/38/EC) and its relationship with Treaty provisions. It considers the substantive scope of the derogation provisions and the procedural guarantees in the CRD applicable to EU citizens and their family members facing expulsion, refusal of entry or entry bans.

12. Citizenship and free movement of persons: workers and establishment

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Economic Activity ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Freedom Of Establishment ◽  
European Economic ◽  
Free Movement Of Workers ◽  
Treaty Of Rome ◽  
Free Movement Of Persons

This chapter examines the free movement of workers, family members and non-active persons, and freedom of establishment, and places this within the framework of citizenship of the European Union. The free movement of workers is one of the original four freedoms in the Treaty of Rome establishing the European Economic Community. Free movement of workers was essential for the construction of an internal market, and for several decades the freedom to move within the Community maintained its strict link with economic activity.

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