Drawing extensively on the entire body of applicable case law, this
in-depth study analyses what the free movement of persons
provisions of the EC Treaty have come to mean in today's Europe.
The author posits the emergence of a new constitutional dimension
whereby the Member States bear considerable duties towards Union
citizens qua citizens rather than just qua economic actors, a duty
not to interfere with individual rights, a duty to respect
individual rights, and a duty to protect individual rights; duties
to be understood in the context of Union citizenship. Among the
relevant issues scrutinised in the course of the analysis are the
following: the refinement of the concept of discrimination; the
notion of non-discriminatory barrier; and remuneration in relation
to the free movement of services; non-discriminatory barriers to
the freedom of establishment and the movement of workers; the
inadequacy of the market access test; the notion of Union
citizenship and its impact on the economic free movement
provisions; and, the right to pursue an economic activity free of
disproportionate market regulation. This book contains a detailed
and extensive analysis of the relevant case law. As a
deeply-informed assessment of the conceptual underpinnings and
normative potentialities of these fundamental Community rights,
"Free Movement of Persons in the European Union" will be of
inestimable value to academics, as well as to postgraduate students
and others concerned with the ongoing process of European
integration.
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