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.

Mobility of Persons

This chapter stresses that the Trade and Cooperation Agreement (TCA) only envisions a most basic form of mobility, under Mode 4 of the World Trade Organization (WTO) rules. It mentions businesspersons offering services in the jurisdiction of the other parties, and a bland commitment to maintain visa-free travel for short-term stays. It also reveals the end of passporting for financial services and the end of free movement of persons that constitute some of the most visible, and dramatic changes in the new EU-UK relations. The chapter looks at mobility rules under the WTO regime and various free trade agreements (FTAs) and association agreements (AAs) as the baseline for international commitments to trade-related mobility. It compares the WTO regime with the framework under the TCA in order to determine the extent of liberalization in the new UK-EU relationship.

FREE MOVEMENT OF PERSONS AND THE LEGAL SECURITY OF DOCUMENTS WITHIN THE EUROPEAN UNION

The increase of international and European Union migration has led to increasing attention to the impact of Member States' legislation on the recognition, legal certainty and standardization of procedures for the movement of official documents, as part of the free movement of persons within the European Union. This article responds to European Union's needs by examining the extent to which the various regulations, in particular regulations having direct and immediate application, being long and complex and comprehensively governing some cross-border procedures that underline the recognition of official documents within the European Union. It is a fact that the Union facilitates and accelerates the cross-border application of aspects of the free movement of persons in private international law, encourages the simplification of the requirements for the presentation of certain official documents in EU, while strengthening the security of Union citizens' identity cards and residence documents etc. By using the historical and comparative method, the conclusions drawn from this analysis refer to the need to apply these legislative rules established due to the necessity to ensure legal certainty and predictability at Union level, but also offering to European citizens an attractive option compared to the classic variants of international law, the latter providing at times a more convincing and comprehensive legal certainty.

Free Movement of Persons and Services

This chapter maps the most relevant aspects of the evolution of the free movement of persons and services through the analysis of the main legislative and judicial developments in both fields. After looking at the salient legislative transformations in the last decades and the effects of codification—mostly through Directives 2004/38 and 2006/123—the chapter explores the parameters that delimit the three different freedoms concerned—workers, establishment, and services. A reassessment of the place and scope of the provisions on the free movement of persons is then offered through a critical examination of the interrelationship between the regulatory framework and case law concerning the free movement of persons, the status of Union citizenship, and developments in the distinct but related Area of Freedom, Security and Justice.

13. Citizenship and free movement rights: beyond economic links

This chapter discusses Union citizenship and free movement of persons rights in the EU for Union citizens and their spouses, partners, children and dependants. It examines the Charter of Fundamental Rights, the European Convention on Human Rights, the Free Movement or Citizenship Directive and the principle of equal treatment. The chapter also considers the facets of Union citizenship and the political dimension of Union citizenship with reference to the European Citizens’ Initiative. It concludes with a discussion on some of the challenges of Union citizenship.

12. Free movement of persons and services and freedom of establishment

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. Free movement has now evolved beyond the economically active with access, for example, to social advantages and rights for family members. This chapter also considers the exceptions to free movement (e.g. the public health and public security exceptions) and special cases of free movement (e.g. sport and lawyers).

9. The Free Movement of Persons

In this chapter, all aspects of the free movement of persons, including workers, establishment, services, and citizenship will be dealt with together, as, increasingly, case law and, in particular, the new case law concerned with citizenship, applies without distinction across all these categories and new secondary law has also brought many of the statutory rules for all categories of person in line in one place. The chapter covers the legal framework; the scope of the basic rights; the material scope of the rights; free movement of the self-employed; derogations from the free movement regimes; the wholly internal rule; and the treatment of third-country nationals.

Foster on EU Law

Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas, including free movement of goods; free movement of persons; citizenship; and competition law, including state aids. This clear structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic law, member state constitutional law, and international law, including UN Resolutions. It includes a consideration of EU law and Germany and France, as well as a briefer look at a number of other member states and contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the European Convention on Human Rights. The material on remedies in Chapter 6 has been rearranged to aid presentation and understanding. It follows the further developments of Art 263 of the Treaty on the Functioning of the European Union and has rearranged the material on the free movement of persons to take account of the judgments of the Court of Justice. The relationship between the UK and the EU and Brexit are dealt with in a new, dedicated chapter.

15. Free Movement of Persons

This chapter evaluates the sources of movement rights for persons, as well as the horizontal connections between them. It analyses the special free movement rights for economically active persons; that is, workers and self-employed professionals. Importantly, the freedom of establishment here also covers companies. The chapter then specifically looks at the free movement rights of companies (and their subsidiaries). It also introduces the horizontal provisions on EU citizenship and their relationship to the special movement rights for workers and the self-employed. Finally, the chapter considers the horizontal rules that govern the various justifications for national restrictions on the free movement of persons. In addition to the ordinary public policy justifications, the main derogation here is a public service exception that allows Member States to restrict access to professions that are linked to the exercise of public authority.