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Author Condinanzi, Massimo
Title Citizenship of the Union and Free Movement of Persons
Imprint Leiden : BRILL, 2008
©2008
book jacket
Edition 1st ed
Descript 1 online resource (280 pages)
text txt rdacontent
computer c rdamedia
online resource cr rdacarrier
Series Immigration and Asylum Law and Policy in Europe Ser. ; v.14
Immigration and Asylum Law and Policy in Europe Ser
Note Table of Contents -- Introduction -- Chapter I Citizenship of the Union -- I.1 Introduction -- I.2 The systematic location of the provisions on citizenship -- I.3 The concept of citizenship of the Union -- I.4 Community limits to acquiring and losing citizenship of the Union -- I.5 Substance of citizenship of the Union. Rights -- I.6 Substance of citizenship of the Union. Duties -- 1.7 The right of movement and residence. The traditional concept -- I.8 The right of movement and residence appertaining to citizenship of the Union -- I.9 Limits and conditions -- I.10 Measures implementing the right of movement and residence -- I.11 The citizen of the Union in the area of freedom, security and justice -- I.12 Political significance of the conferral of election rights on European citizens -- I.13 Participation in municipal elections -- I.14 Participation in European elections -- I.15 The exercise of diplomatic protection by the Community for the benefit of citizens of the Union -- I.16 Diplomatic protection of a citizen of the Union by a Member State of which he or she is not a citizen -- I.17 Methods of protecting non-citizens -- I.18 Guarantees for participation in Community public life -- I.19 Petitions to the European Parliament -- I.20 Applications to the European Ombudsman -- I.21 The limits ratione materiae to the activities of the European Ombudsman -- I.22 Access to documents and the right to correspond with the Community institutions -- I.23 Citizenship of the Union in the Treaty establishing a Constitution for Europe -- Chapter II Freedom of Movement of Workers -- II.1 Freedom of movement of workers under the ECSC Treaty and under the transitional regime. Outline -- II.2 Territorial scope of the Community rules on the freedom of movement of workers
II.3 Scope of application ratione personae of the Community rules on freedom of movement of workers -- II.4 Restrictions applying to "purely internal" situations -- II.5 The requirement of citizenship of a Member State -- II.6 Workers' family members -- II.7 The right to enter and reside in the territory of a Member State -- II.8 Restrictions on entry and residence arising from the need to safeguard the social assistance system of the host State -- II.9 The right to equal treatment with national workers with regard to access to work and the conditions of work and employment -- II.10 Exclusion of freedom of movement in the case of employment in the public service -- II.11 The right to remain in the territory of a Member State after having worked there -- II.12 Limitations on the right to enter and reside for reasons of public policy, public security and public health -- II.13 Procedural safeguards -- II.14 Freedom of movement of workers under the Treaty establishing a Constitution for Europe -- Chapter III Right of Establishment -- III.1 Introduction -- III.2 The right of establishment in the EC Treaty -- III.3 Differences as compared with freedom to supply services and free movement of workers -- III.4 The constraint of purely internal situations -- III.5 Scope ratione personae.Requirement for nationality/citizenship -- III.6 (cont.) Establishment of companies -- III.7 Substantive scope -- III.8 (cont.) Exclusion of activities connected with the exercise of official authority -- III.9 Ways of exercising freedom of establishment. Primary establishment -- III.10 (cont.) Secondary establishment -- III.11 Content of freedom of establishment. The rule of national treatment -- III.12 Prohibition of measures applicable without distinction -- III.13 Exceptions to freedom of establishment: abuse of the law -- III.14 Discriminatory restrictions
III.15 (cont.) Non-discriminatory restrictions -- III.16 Measures designed to facilitate the exercise of the right of establishment: mutual recognition of diplomas and other evidence of formal qualifications -- III.17 Right of establishment for lawyers -- III.18 Right of establishment in the Treaty establishing a Constitution for Europe -- Chapter IV Services -- IV.1 Introduction. Freedom to provide services in the context of the general rules on the free movement of persons -- IV.2 Scope of the rules on services. The definition of "service" -- IV.3 Means of providing services -- IV.4 Scope ratione personae -- IV.5 Scope ratione materiae. Relationship with the common transport policy and with the liberalisation of the banking and insurance sectors -- IV.6 (cont.) Exclusion of activities involving the exercise of public authority -- IV.7 Substance of freedom to provide services. The principle of equal treatment on grounds of nationality -- IV.8 Prohibition of discrimination based on other grounds: requirement for residence -- IV.9 Other prohibited discrimination: measures applicable without distinction -- IV.10 Restrictions on freedom to provide services. Justifications -- IV.11 (cont.) Discriminatory measures -- IV.12 (cont.) Measures applicable without distinction -- IV.13 Implementation of liberalisation -- IV.14 (cont.) Recognition of diplomas -- IV.15 (cont.) The directive on services in the internal market -- IV.16 Free movement of lawyers -- IV.17 Services in the Treaty establishing a Constitution for Europe -- Chapter V Immigration Policy -- V.1 Historical development of Community immigration policy: the original EEC Treaty -- V.2 The Single European Act, the Schengen Agreement and intergovernmental cooperation -- V.3 The Maastricht Treaty -- V.4 The Treaty of Amsterdam and theTreaty of Nice
V.5 Bringing the Schengen acquis within the scope of the European Union -- V.6 Immigration policy as part of the area of freedom,security and justice -- V.7 Scope of application of immigration policy ratione materiae -- V.8 Scope of application ratione personarum -- V.9 Scope of application ratione loci -- V.10 Competence of the Member States and Community competence -- V.11 The content of Community immigration policy -- V.12 Immigration policy in the Treaty establishing a Constitution for Europe -- Addendum -- Table of Cases -- Index
Citizenship of the Union and Freedom of Movement of Persons, sets out to analyse in detail the various provisions of Community law which confer upon individuals the right to move about, reside and work in the Member States. It also examines the procedural safeguards which set those fundamental rights apart from any deriving from other international bodies or organisations and point up the originality of the Community system. Citizenship of the Union entails freedom of movement under the current Treaties and also under the Treaty of Lisbon, in which the unified treatment of the rules, by contrast with the existing pillars of Community and European Union law, might be expected to confer new impetus on the realisation of the area of freedom, security and justice. If there is truly to be such an area, there must be unified, not merely coordinated action. Judicial cooperation must be tightened in favour of the Union and, more importantly, individuals, be they Community citizens or indeed nationals of third countries, given the increasing trend towards a kind of integration which focuses less on formal data such as nationality and more on factors such as residence, employment and social integration. The book pays particular attention to this last aspect and its political and legal implications. The communitarisation of immigration policy (the new Title IV of the EC Treaty mentioned above) and the perspectives opened up by the enlargement to 27 Member States (and more) and by the Treaty of Lisbon, provide the framework for the treatment given in the present work
Description based on publisher supplied metadata and other sources
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2020. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
Link Print version: Condinanzi, Massimo Citizenship of the Union and Free Movement of Persons Leiden : BRILL,c2008 9789004163003
Subject Freedom of movement -- European Economic Community countries.;Labor laws and legislation -- European Economic Community countries
Electronic books
Alt Author Lang, Alessandra
Nascimbene, Bruno
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