The assumption that member states of the European Union enjoyed exclusive competence over social provision has been shaken by the realization that they are now "semi-sovereign welfare states" whose policy choices are subject to increasing scrutiny under Community law. This book seeks to take stock of how Community membership is reshaping the legal environment of welfare provision across Europe. Topics covered include: the evolving economic and governance debates about Community intervention in social rights; the relationship between public services and Community competition and state aids law; the crucial developments which have taken place in the sphere of health care; and recent judgements on free movement and equal treatment for Union citizens as regards national education and social assistance policies. Social Welfare and EU Law provides a valuable collection of essays overall exploring the emergence of new models of social solidarity within the European Union.

This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.

Where do I belong? This is a question all mobile persons are bound to ask themselves at one time or another. When crossing borders, individuals establish links with States, which can be the basis for legal claims against these States.This book discusses the issue of these links and, more specifically, the question of how EU law defines the link needed to obtain the right to reside in a Member State and the right to social and employment protection in that State. When it comes to claiming rights from States, traditionally nationality is the answer to the question where a person belongs. However, in the context of European integration and the development of an EU legal framework of internal market rules, citizenship rights and immigration rules, different answers to these questions have been developedFrom this perspective the various chapters of this book examine instruments such as the Citizens Directive 2004/38, the Family Reunification Directive 2003/86, the Long-term Residence Directive 2003/109, the Social Security Coordination Regulation 883/2004, the Rome I Regulation 593/2008 and the Posting of Workers Directive 96/71. The case-law of the Court of Justice on these issues is of course a central element therein.The analyses of scholars from different legal disciplines in the fourteen chapters of this book show that EU law gives a multitude of answers to the question which link is necessary and sufficient to create an individual's right vis--vis a State. The definition of this link, the criteria used and the legal consequences differ according to the legal framework the individual finds himself/herself in and the legal instrument he/she invokes. Moreover, the criteria used in legislation and case-law continue to be the subject of problems of interpretation and application, which in turn leads to legal uncertainty or even confusion.

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.

This collection engages with a central theme on EU citizenship - the emancipation of certain citizens, the alienation of others - and expands the horizons to interrogate whether similar debates and trends can be identified in other fields of European integration. The focus of the book is distinctly citizen-focused. It delivers the potential for the opening out of analysis of the implications of European citizenship beyond the parameters of Articles 18-25 TFEU and beyond the disciplinary confines of legal analysis alone. The book construes 'EU citizenship' in its broadest sense, and explores the extent to which the European citizen is, or indeed is not, genuinely at the heart of EU law and policy making. What is the purpose and role of this transnational, regional regulator, given that citizen concerns seem focused primarily at either the infra State or global levels? Within the broader theme of empowerment and disempowerment, the book's contributors reflect on a range of cross cutting themes, for example: the extent to which channels of citizen participation (can) inform EU policy making in a 'bottom-up' sense, or whether the EU is a catalyst for the construction of new spaces and new identities. (Series: Modern Studies in European Law - Vol. 35)

First published 30 years ago, Wyatt and Dashwood's European Union Law was a landmark publication, designed and written for students taking degree level courses in EU law. In the intervening years new editions have appeared at regular intervals, firmly establishing the book as a reliable and authoritative text. Besides introducing generations of students to the intricacies of European law it has also been increasingly relied upon by scholars, practitioners and the courts as a valuable source of reference on this complex and ever-expanding body of law. While the book cannot cover every aspect of the subject matter, it nevertheless offers comprehensive coverage of those aspects of EU law most commonly studied at degree level. Part I introduces the history and foundations of the Union's primary law. Part II looks at the Union's institutions, decision-making procedures and competences. It also deals with the Union judiciary, focusing on direct actions before the Union courts and preliminary references from national courts. The constitutional fundamentals of direct effect and supremacy, effective judicial protection before national courts, general principles of Union law and the Charter of Fundamental Rights are dealt with in Part III. Part IV covers the internal market: free movement of goods, Union citizenship, workers, establishment and services, the services directive, mutual recognition of qualifications, corporate establishment and company law harmonisation. Part V deals with competition law: Articles 101 and 102 TFEU, the enforcement of Union competition rules and other related competition law issues. Part VI then includes a brand new chapter concerned with the EU's external relations, together with treatment of the legal effects of international agreements entered into by the EU. As with previous editions the aim is to provide an accurate, critical, pragmatic and original account of the subject, at times also offering unique insiders' insights. The book holds to its reputation as being both broad and profound, the ideal foundation for gaining a deep understanding of EU law. This edition reflects the law post-Lisbon. It has also been re-structured and re-designed, so as to facilitate ease-of-use. Its original authors, Derrick Wyatt and Alan Dashwood, continue to make a significant contribution. Michael Dougan, Eleanor Spaventa and Barry Rodger complete the team of authors working on this invaluable textbook and reference work. The 6th edition has already been cited in the Northern Ireland High Court by The Honourable Mr. Justice Bernard McCloskey [2011] NIQB 61.

This collection of essays provides a legal and policy analysis of the European Union's involvement in global emergencies. Bringing together leading academics and officials from European institutions, the book offers a sophisticated analysis of the theoretical and practical issues arising from the EU's action and reaction to global challenges. The issues covered include: the global financial system, climate change, global security and the prevention of terrorism, as well as global public health and threats to food, energy, and water security. These subjects are all highly topical and the essays will appeal to academics, legal practitioners, political scientists, and policy makers. The contributions take account of the amendments introduced by the Lisbon Treaty, making it especially relevant.