Dislodged from History, Confronted by Walls : Picturing Migration as a Global Emergency

This essay examines select visual representations of refugees and migrants as embodied subjects in photography, art, and video. It focuses on American asylum politics and explores the questions of free movement, the right to have rights, and the ethics and efficacy of border walls. It argues that the catastrophe of global forced displacement makes the elimination of national borders and the nation state itself a revolutionary necessity.

Fissures in EU Citizenship

This book argues that core concepts in EU citizenship law are riddled with latent fissures traceable back to the earliest case law on free movement of persons, and that later developments simply compounded such defects. By looking at these defects, not only could Brexit have been predicted, but it could also have been foreseen that unchecked problems with EU citizenship would potentially lead to its eventual dismantling during an era of widespread populism and considerable challenges to further integration. Using a critical constructivist approach, the author painstakingly outlines the 'temple' of citizenship from its foundations upwards, and offers a deconstruction of concepts such as 'worker', the role of non-economic actors, the principle of equal treatment, and utterances of citizenship. In identifying inherent fissures in the concept of solidarity and post national identification, this book poses critical questions and argues that we need to reconstruct EU citizenship from the bottom up.

International Standardization in Tourism Services

The aim of this chapter is to draw attention to the importance of international standardization in tourism services with a view to the elimination of barriers to free movement of tourism services and its importance for consumers: visitors in tourism, when the international standards encourage consumers responsibility, enforce their legitimate demands, expectations, safety, and security. This contribution also describes the basic guidelines to prevent the spread of coronavirus in the tourism industry. These measures will contribute to the recovery of the tourism sector and restore the confidence of the traveler. Furthermore, the measures emphasize the possibilities of greater acceptance of international standards for tourism services in the post-COVID-19 period. They will also contribute to faster renewal of individual sectors/tourism services. At the same time, they contribute to reopening and engaging individual destination/countries in international tourism.

PROCESSING OF EMPLOYEES’ PERSONAL DATA AND COLLECTIVE REDINDANCIES

This article is devoted to the issues of personal data processing in the event of collective dismissals. The author identifies situations in which personal data may be processed in the course of collective dismissals, the compliance of the processing of such data with Regulation No. 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and the repeal of Directive 95/46 / EC and analyzes the consequences of unlawful processing of employees’ personal data during collective redundancies.

Communication of the origin of food products: legal aspects

The interests that revolve around the mandatory indication of the place of origin of a food product are multiple and often conflicting with each other. Alongside the interests of some producers wishing to highlight the geographical origin of their products, there are conflicting interests of other producers who, for different reasons, prefer not to disclose the origin of their product. Then there are also interests of consumers interested at receiving an ever greater and transparency of the extensive information on the product offered. The indication of the origin of a food product can also constitute an element that has an impact on the proper functioning of the internal market to the extent that it can ultimately induce consumers to purchase national products or, at least, it may affect their purchasing choices: it is therefore necessary to assess the compatibility of the mandatory indication of the origin of the food with the principle of the free movement of goods. This competition of interests explains why the European Union’s legislation on this point is somewhat ambiguous: this paper, apart from the presentation of collective marks and certification marks which, although in a limited way, may contain references to the geographical origin of the products, points out to the provisions contained in Regulation EU 1169/2011 on the provision of food information to consumers, as well as the provisions regulating the products with PDO and PGI certificates.

Regional Free Movement of People at the Global Level: The Case of the Eurasian Economic Union (EAU)

The paper research is on free movement of people at the Eurasian Economic Union (EAEU). It introduces the main components of the EAEU’s free mobility regime, its promises and challenges. The author argues that the free movement of people regimes are not similar and respond to different needs and origins. Trying to answer, if free movement of people in the EAEU Treaty is the EU Model, the author discovers that in fact, the EAEU’s scheme finds its roots in regional treaties signed and developed in the post-Soviet space in the 1990s. The paper has a discussion on the challenges of implementation and interpretation and situates them within a larger global panorama of regional free mobility schemes beyond the EU. Conclusions are made with some thoughts and suggestions for future research, also in light of the general closure of borders during the COVID-19 pandemic. This paper offers different insights on the free movement of workers at EAEU level. It has identified how the EU cannot really be considered as a model on several key aspects, notably the absence of the principle of non-discrimination enshrined in the Treaty and the lack of a secure residence status beyond the conclusion of an employment agreement. Researchers will need to continue to measure and investigate its implementation and the effects the free movement regime has in the inclusion of EAEU workers. More research will also be needed in light of the closure of borders during the pandemic and the effects that might have in the near future on the EAEU’s free movement regime.

The judicial finetuning of the EU rules determining the applicable social security legislation

The conflict rules enshrined in Regulation 883/2004 on the coordination of social security were created six decades ago to offer those who exercise free movement rights ‘constant social security protection’. The main idea was to ensure that beneficiaries are always subject to the legislation of a single Member State and to indicate which Member State that was. Because beneficiaries were above all ‘standard’ employees working on a full-time basis for an indefinite period of time, it was initially quite easy to determine the ‘competent’ Member State. The processes of flexibilization, digitalization, enlargement and globalization, however, have posed new and often formidable challenges. In today’s dynamic labour market it is often particularly difficult to identify the applicable legislation, issues arise as regards swift and frequent switches in the applicable legislation, increased worker and company mobility may affect social security rights and problems have arisen because of the possible fraudulent use of the rules determining the applicable legislation. This contribution analyses some of the recent CJEU case law on topics like working in to or more Member States, posting, abuse and fraud, employment and/or residence outside the EU and gaps in in social security protection by EU workers. The overarching question is how, in the view of the CJEU, the classic conflict rules are to be applied so as to ensure cross-border movers continue to enjoy constant social security protection.

O Papel do Tribunal de Justiça da União Europeia Como Guardião do Direito Fundamental Comunitário Europeu à Livre Circulação de Trabalhadores

This research has as general objective to analyze the guardian role exercised by the Court of Justice of the European Union (CJUE) for the protection of the Fundamental Community Right to the free movement of workers within the scope of the European economic bloc and the importance of the migratory flow for the maintenance of the said block. The spouse of this article previously analyzes the emergence of the European Communities and the need for the defense, reconstruction and stabilization of Europe after the end of the Second World War, as well as dealing with the Treaties of Paris and Rome, propellants of the European Communities, characterized as an autonomous legal system and of great importance for the development of European primary law. Then, he discusses the movement of workers within the European Union (EU) and the right of the European citizen to look for a job, to work, to settle or to provide services in any EU Member State, and then to address the issue of the role of the worker. CJEU as guardian of the fundamental European Community law on the free movement of workers. After the analysis of recent judgments of the European Court of Justice, the need to protect the free movement of European workers, with due regard to the founding treaties of the European Union, remains necessary for the proper maintenance of the European bloc European Union. The methodology used in the research is critical reflexive, which operates through the bibliographic review and the analysis of concrete cases assessed by the CJEU.