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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 is an account of the development of European labour and social
security law as it interrelates with the evolution of market
integration in the European Union. Giubboni presents, from a labour
law perspective, a case study of the changes the European
Community/European Union has undergone from its origins to the
present day and of the ways these changes have affected the
regulation of European Welfare States at national level. Drawing on
the idea of 'embedded liberalism', Giubboni analyses the
infiltration of EC competition and market law into national systems
of labour and social security law and provides a normative
framework for conceptualising the transformation of regulatory
techniques implemented at the EU level. This important,
interdisciplinary contribution to research in EU social law
illustrates how the vision of social protection and solidarity is
changing.
This is a timely and innovative account of the development of
European labour and social security law as it interrelates with the
evolution of market integration in the European Union. Giubboni
presents, from a labour law perspective, a case study of the
changes the European Community/European Union has undergone from
its origins to the present day and on the ways these changes have
affected the regulation of European Welfare States at national
level. Drawing on the idea of 'embedded liberalism', Giubboni
analyses the infiltration of EC competition and market law into
national systems of labour and social security law, and provides a
normative framework for conceptualising the transformation of
regulatory techniques implemented at the EU level. This important,
interdisciplinary contribution to research in EU social law
illustrates how the vision of social protection and solidarity is
changing.
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