|
Showing 1 - 6 of
6 matches in All Departments
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.
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.
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)
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.
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.
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.
|
|