scholarly journals The right to freedom of movement for medical treatment: A case of "reproductive tourism" in the EU

Pravni zapisi ◽  
2019 ◽  
Vol 10 (2) ◽  
pp. 413-436
Author(s):  
Jelena Simić
Keyword(s):  
Medical Treatment ◽  
Freedom Of Movement ◽  
Reproductive Tourism ◽  
The Right ◽  
The Eu

scholarly journals Gloss to the Judgement of the Court of Justice of the European Union in Case C 129/18, SM versus Entry Clearance Officer, UK Visa Section

2020 ◽  
Vol 40 (1) ◽  
pp. 189-200
Author(s):  
Katarzyna Woch
Keyword(s):  
Member State ◽  
Family Members ◽  
The European Union ◽  
Freedom Of Movement ◽  
State Of The Union ◽  
Legal Guardianship ◽  
The Status ◽  
Union Citizen ◽  
The Right ◽  
The Eu

The right of family members of Union citizens to live with them in the host Member State has always been considered essential for an effective freedom of movement of citizens. However, the provisions of Directive 2004/38/EC contain a different description of the scope of rights of family members of Union citizens taking advantage of the freedom of movement of persons as to the possibility of accompanying or joining EU citizens taking advantage of the freedom of movement of persons, depending on whether they belong to the circle of ‘closer’ or ‘distant’ family members. This issue acquires particular significance in the context of family members who are not citizens of any Member State of the Union. For individuals belonging to the circle of ‘closer’ family members, the EU legislator grants the subjective right to accompany or join a Union citizen exercising the right of the freedom of movement of persons. In the latter case, the legislator only obliges the host Member States to facilitate entry and residence for such individuals in accordance with their national legislation. The glossed judgment, by determining the status of individuals under legal guardianship within the framework of the Algerian kafala system as a ‘distant’ family member of a Union citizen, clearly touches upon a significant issue in the context of the Union’s freedom of movement of persons.    

scholarly journals Detention as the Default: How Greece, with the support of the EU, is generalizing administrative detention of migrants

2021 ◽  
Author(s):  
Vasilis Papastergiou
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Asylum Seekers ◽  
Right To Health ◽  
Financial Cost ◽  
Just Cause ◽  
Freedom Of Movement ◽  
Moral Cost ◽  
The Right ◽  
The Eu

Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to health and the right to family life. Alternatives to detention exist and must be prioritized.

scholarly journals FREEDOM OF MOVEMENT OF WORKERS AS A CONDITION FOR IMPLEMENTING THE EUROPE 2020 STRATEGY FOR EMPLOYMENT AND GROWTH

2014 ◽  
Vol 7 (1) ◽  
Author(s):  
Biljana Chavkoska
Keyword(s):  
Migrant Workers ◽  
Social Inclusion ◽  
Growth Strategy ◽  
The European Union ◽  
Freedom Of Movement ◽  
Europe 2020 ◽  
New Strategy ◽  
Employment Gap ◽  
The Right ◽  
The Eu

Summary: This article aims to analyze the freedom of movement of workers regarding the new strategies for EU growth and employment. The freedom of movement of people especially workers is one of the four freedoms of the EU Internal Market. The migrant workers who move from one into another state enjoy certain rights stipulated by the EU Law (acquis communautaire). Migrant workers are important for fulfilling the employment gap in the Member States and creating new jobs. Europe 2020 is the European Union growth strategy for the coming decade. Concretely, the Union has set five ambitious objective -  employment, innovation, education, social inclusion and climate/energy - to be reached by 2020. Each Member State has adopted its own national targets in each of these areas. Concrete actions at EU and national levels underpin the strategy. The goals of the Europe 2020 would not be fulfill if the freedom of movement of workers is not realized. An agenda for new skills and jobs has the objective of creating the right conditions to modernize labor markets and to allow people to acquire new skills in order to raise employment levels and to ensure the sustainability of our social models. Further, the author analyzes the eliminations of impediments for freedom of movement of workers regarding the goals set in the new strategy.

scholarly journals Schengen’s Excluded: Third Country Nationals and EU Citizenship Regimes on the Polish-German Border

2017 ◽  
Author(s):  
Andrew D Asher
Keyword(s):  
Urban Space ◽  
Citizenship Rights ◽  
Freedom Of Movement ◽  
The Everyday ◽  
Two Cities ◽  
Common Policies ◽  
Citizenship Regimes ◽  
The Right ◽  
The Eu ◽  
Third Country Nationals

This article investigates how the supranational policies of European Union (EU) citizenship were experienced by “third country nationals” living as non-citizen residents in the transnational urban space of Słubice, Poland and Frankfurt(Oder), Germany—two cities separated only by the Polish-German border. With an emphasis on the implementation of the Schengen acquis—the EU’s common policies on cooperation in law enforcement, visas, and the management of its borders--this article begins with an examination of the ways in which third country nationals are categorized as a group separate from EU citizens. This article then explores how the everyday presence of the border between Słubice and Frankfurt(Oder) excluded third country nationals from the exercise of EU citizenship through practices that placed limits on their freedom of movement. Finally, this article describes how specific individuals responded to these limitations by strategically managing their visa and citizenship statuses.Because of the cities’ unique border location, the residents of Słubice/Frankfurt(Oder) demonstrate the development of unequal citizenship regimes for EU citizens and non-citizens, in which each group is extended differential access to the entitlements, privileges, and rights of citizenship. By exploring how third country nationals’ ability to exercise citizenship rights were structured and constrained by EU laws and regulations, this article documents the emergence of one instance of illiberality within the EU’s ostensibly neoliberal and democratic economic and political projects, and brings into sharp relief the central role the right to free movement plays in the exercise of full citizenship within the EU.

Prawo do swobodnego przemieszczania się w przypadkach bezdomności migrantów wewnątrzunijnych

2019 ◽  
Vol 2 ◽  
pp. 157-170
Author(s):  
Magdalena Mostowska
Keyword(s):  
Public Space ◽  
Local Governments ◽  
Public Discourse ◽  
Voluntary Organizations ◽  
European Law ◽  
Freedom Of Movement ◽  
Eu Directive ◽  
The Uk ◽  
The Right ◽  
The Eu

The article examines interpretations of freedom of movement and access to social assistance within the EU Directive 2004/38. Examples of EU migrants’ homelessness are shown to demonstrate the confusing circularity in the regulations. The paper goes on to the development of local governments’ and voluntary organizations’ practice of limiting support to EU migrants in homelessness. Narrower interpretations of the right to reside are a basis for refusing access to benefits or even shelter. Repressive public space practices lead sometimes even to deportations. These interpretations, practices and public discourse are shown on the examples of the Netherlands, the UK and Sweden. Interpretations of the European law, practices and public debate are tools that limit exercising the right to free movement by socially defining and categorising homeless EU migrants as persons whose rights are dependent on their position on the labour market.

scholarly journals Does the EU COVID Digital Certificate Strike a Reasonable Balance between Mobility Needs and Public Health?

Medicina ◽  
2021 ◽  
Vol 57 (10) ◽  
pp. 1077
Author(s):  
Gianluca Montanari Vergallo ◽  
Simona Zaami ◽  
Francesca Negro ◽  
Pietro Brunetti ◽  
Alessandro Del Rio ◽  
...  
Keyword(s):  
Digital Certificate ◽  
Free Movement ◽  
The European Union ◽  
The Public ◽  
Freedom Of Movement ◽  
Sense Of Security ◽  
False Sense ◽  
The Right ◽  
Privacy Issues ◽  
The Eu

The need to fight a highly aggressive virus such as SARS-CoV-2 has compelled governments to put in place measures, which, in the name of health protection, have constrained many freedoms we all enjoy, including freedom of movement, both nationally and within the European Union. In order to encourage and facilitate the return to free movement, the European Parliament has launched a “COVID-19 digital certificate.” A spirited debate centered around the use of this certificate is still ongoing among scholars, many of whom have pointed out the uncertainties relative to COVID-19 immunity, privacy issues and the risk of discriminatory effects. The authors, while highlighting some critical aspects, argue that the COVID digital certificate in its current approved version can effectively help prevent the spread of the infection and promote free movement, while upholding the right to health as much as possible. However, they also stress the need for a thorough information campaign to illustrate the advantages and limitations of this document in order to avoid creating a false sense of security in the public opinion, who may wrongly assume that the emergency has been overcome for good.

scholarly journals Free movement of persons as a component of the value system in the European Union

2019 ◽  
pp. 6-14
Author(s):  
Iryna Habro
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Free Movement ◽  
The European Union ◽  
Value System ◽  
Association Agreement ◽  
The Rule Of Law ◽  
Freedom Of Movement ◽  
The Right ◽  
The Eu

The article deals with topical issues of regulating the freedom of movement of individuals as a component of the value system and the key right of citizens in the European Union. After all, freedom of movement itself includes a whole set of rights, which are both a guarantee of other natural rights and a sign of the rule of law. At the core of European values are liberal fundamental rights and freedoms, democratic principles of government, as well as the rule of law and social state. With the creation and development of the European Communities, the regulation of the right of nationals of Member States to move and reside freely has acquired not only national significance, but also a regional (cross–border) scale, which is an example for other integration entities. The European Union is trying to regulate the freedom of movement of individuals in a unified and at the same time as individualized way as possible. This is what is relevant for Ukraine in the context of European integration, because in Ukraine, some of the society has some fears over the loss of sovereignty through accession to the EU. Attention is drawn to the freedom of movement of all categories of EU and third–country nationals. Freedom of movement for individuals within the European Union covers the complex of rights of EU citizens, as well as their family members, for free movement, residence, employment, economic activity and enjoyment of all social rights in each Member State of the European Union, regardless of their nationality. The specific features of the exercise of the right of free movement within the EU for Ukrainian citizens in the context of the Association Agreement with the EU and the Visa–free Agreement between the EU and Ukraine are also identified. The provisions on working conditions apply only to citizens of Ukraine or EU Member States who work legally on the territory of the other party to the Agreement. The Association Agreement is not about freedom of movement for workers.

scholarly journals The Impact of the Pandemic Covid-19 on the Human Right to Freedom of Movement

2021 ◽  
Vol 10 (1) ◽  
pp. 376
Author(s):  
Valentyn Zolka ◽  
Olha Tsarenko ◽  
Iryna Kushnir ◽  
Serhii Tsarenko ◽  
Roman Havrik
Keyword(s):  
Human Rights ◽  
Free Choice ◽  
Free Movement ◽  
Human Right ◽  
Scientific Methods ◽  
Freedom Of Movement ◽  
Special Scientific ◽  
The Right ◽  
The Impact ◽  
The Eu

The article discusses the impact of the pandemic COVID-19 on the human rights, in particular, the right to freedom of movement and free choice of residence. The purpose of the article is to investigate whether the restrictions implemented to prevent spread of the infection were legitimate and necessary. The concept and content of the right to free movement according to Ukrainian legislation has been investigated. The legitimate grounds for restriction of human rights were analyzed. The state of compliance of Ukrainian legislation with the legislation of the EU and world standards was revealed. The range of issues that Ukraine faced during the pandemic COVID-19 and limitations of human rights were disclosed. Particular attention was paid to legal acts which implemented such limitations. It was revealed that the approach of the Ukrainian legislator while implementing restrictions of human rights was unconstitutional and violated fundamental human freedoms. General and special scientific methods were used in the process of research, such as dialectical, comparative, dogmatic and legal methods.

Prawo obywateli Unii Europejskiej do czynnego i biernego udziału w wyborach parlamentarnych w kraju członkowskim miejsca pobytu

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 23-37
Author(s):  
Marek Danikowski
Keyword(s):  
Member State ◽  
European Parliament ◽  
European Democracy ◽  
The Right ◽  
Insufficient Knowledge ◽  
The Eu

The right of EU citizens residing in another Member State, to vote and stand in elections to the European Parliament is a major achievement of the European democracy. In the light of EU citizens’ still insufficient knowledge concerning the opportunities and benefits brought in by this right, it is worth making this institution more familiar to themin a straightforward way, at the same time balancing criticism towards the idea of the EU.

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