Relevant bibliographies by topics / European rights of free movement

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'European rights of free movement'

Author: Grafiati
Published: 4 June 2021
Last updated: 11 February 2022

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Journal articles on the topic "European rights of free movement"

1

Habro, Iryna. "Free movement of persons as a component of the value system in the European Union." European Historical Studies, no. 14 (2019): 6–14. http://dx.doi.org/10.17721/2524-048x.2019.14.6-14.

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The article deals with topical issues of regulating the freedom of movement of individuals as a component of the value system and the key right of citizens in the European Union. After all, freedom of movement itself includes a whole set of rights, which are both a guarantee of other natural rights and a sign of the rule of law. At the core of European values are liberal fundamental rights and freedoms, democratic principles of government, as well as the rule of law and social state. With the creation and development of the European Communities, the regulation of the right of nationals of Member States to move and reside freely has acquired not only national significance, but also a regional (cross–border) scale, which is an example for other integration entities. The European Union is trying to regulate the freedom of movement of individuals in a unified and at the same time as individualized way as possible. This is what is relevant for Ukraine in the context of European integration, because in Ukraine, some of the society has some fears over the loss of sovereignty through accession to the EU. Attention is drawn to the freedom of movement of all categories of EU and third–country nationals. Freedom of movement for individuals within the European Union covers the complex of rights of EU citizens, as well as their family members, for free movement, residence, employment, economic activity and enjoyment of all social rights in each Member State of the European Union, regardless of their nationality. The specific features of the exercise of the right of free movement within the EU for Ukrainian citizens in the context of the Association Agreement with the EU and the Visa–free Agreement between the EU and Ukraine are also identified. The provisions on working conditions apply only to citizens of Ukraine or EU Member States who work legally on the territory of the other party to the Agreement. The Association Agreement is not about freedom of movement for workers.
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2

Novitz, Tonia. "Labour Rights as Human Rights: Implications for Employers’ Free Movement in an Enlarged European Union." Cambridge Yearbook of European Legal Studies 9 (2007): 357–86. http://dx.doi.org/10.5235/152888712802746911.

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This chapter considers the legal status of labour rights as human rights within the European Union (EU) and the implications that this may have for free movement provisions under European Community (EC) law. This is not by any means a new subject for analysis and reflection, but has been of particular concern since the fifth enlargement of the EU which commenced in 2004. It is in this context that we have witnessed significant litigation before the European Court of Justice concerning the scope of the right to strike, and widespread protest concerning the adoption of a new Directive on Services in the Internal Market.
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3

Giubboni, Stefano. "Free Movement of Persons and European Solidarity Revisited." Perspectives on Federalism 7, no. 3 (December 1, 2015): 1–18. http://dx.doi.org/10.1515/pof-2015-0016.

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Abstract This paper analyses the case-law of the European Court of Justice on the scope and limits of cross-border access of economically inactive Union citizens to national systems of social assistance. The author de-constructs and challenges the weak rhetoric of transnational solidarity generously deployed by the Court of Justice at the beginning of the expansive cycle of its case-law on the transnational social protection rights of mobile EU citizens. The most recent case-law shows, in fact, a spectacular retreat from this rhetoric in tune with the neo-nationalistic and social-chauvinistic moods prevailing in Europe.
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Connor, Tim. "Goods, Persons, Services and Capital in the European Union: Jurisprudential Routes to Free Movement." German Law Journal 11, no. 2 (February 11, 2010): 159–209. http://dx.doi.org/10.1017/s2071832200018484.

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This Paper considers the jurisprudence of the Court of Justice in relation to the free movement provisions of European Community law in relation to goods, persons, services and capital within the European Union. It examines the bases used by the Court in its application of Community free movement provisions to national measures that may seek to hinder the exercise of such rights. From limited enquiry originally founded on considerations of non discrimination based on nationality, to one most recently focussed on the ‘restriction’ to the free movement right, the Paper examines the methods employed by the Court of Justice in its scrutiny of the national measure appearing to conflict with Treaty free movement rights.The examination of the applicable free movement jurisprudence attempts to demonstrate the want of a thematically consistent underpinning within free movement case law. The Paper draws attention to the complexities and even the confusions that appear to be inherent within free movement jurisprudence and arguably evidenced within the Court's journey from ‘discrimination’ to ‘restriction’ as the basis of the enquiry with regard to the application of Treaty free movement rights. In its consideration of Case C-110/05Commission v Italy, Case C-142/05Åklagaren v. Percy Mickelsson v. Joakim Roos, recent jurisprudence with respect to the free movement of goods, the Paper notes that in the context of the ‘measure having equivalent effect’, the emphasis in the assessment of the national rule has shifted to an examination of the effect on market access, rather than a distinction based on the type of rule.
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Novicic, Zaklina. "Freedom of movement for persons in the European Union Law." Medjunarodni problemi 55, no. 1 (2003): 57–88. http://dx.doi.org/10.2298/medjp0301057n.

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In this article the author analyses the evolution of complex corpus of legislation concerning the freedom of movement for persons in European Union Law. The article deals with the subject in two aspects: the first part of the analysis considers the conceptual development of free movement of persons by way of deliberation of building-up the authority of Union in that area, and the second part analyses the contents of the right of the Union citizens to move and reside freely within the territory of the Member State. The freedom of movement for people includes the right of Union citizens to enter, move and reside in another Member State and, in that context prohibition of any discrimination based on nationality. Conceived originally as primarily an economic phenomenon, the free movement of persons was closely linked to the pursuit of an occupation. It was the mobility of human resources as a factor of production, which inspired the chapters of the Treaty establishing the European Economic Community (1957) relating to the free movement of workers, freedom of establishment and the freedom to provide services. In that sense, freedom of movement is a part of a wider concept, that of the common/internal market. Since then, through the combined effect of secondary legislation and the case law of the Court of Justice, the concept has been broadened and it tends, from the Maastricht Treaty (1992), to form one of the fundamental and individual rights of Union citizens generally. Also, the amendments of EEC Treaty, which were made by the Single European Act (1985) and specially by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001), have formalised the external aspect of freedom of movement. Namely, it was recognised that freedom of movement for persons could not take place at the expense of security, protection against crime and illegal immigration. The abolition of internal controls has generated the need of the transferring checks to the external frontiers of the Union and, in this connection, the gradual establishment of an area of freedom, security and justice. In the first part of the article the author presents and analyses the development of the Union power in the policies of freedom of movement: in facilitating of free movement of people as a principle of the common/internal/single market, in achievement of the right to free movement for Union citizens, and also in the fields related to the external aspect of freedom of movement, or, actually, the issues pertaining to visas, asylum and immigration. The second part presents the specific contents of freedom of movement for persons that consists of the corpus of individual rights enjoyed by Union citizens on the territories of EU Member States that are not countries of their origin. These are the right to entry and residence and the right to engagement in gainful activity as well as the related social rights. This part of the article also explores the freedom of movement restriction regime as well as the corresponding Union legislation in preparation.
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Krusian, Anzhelika, Vadym Tsiura, Boris Perezhniak, Roman Sabodash, and Lyudmila Kazakova. "Realization of the right to free movement under quarantine conditions: practice of the European Court of Human Rights." Cuestiones Políticas 39, no. 68 (March 7, 2021): 103–20. http://dx.doi.org/10.46398/cuestpol.3968.05.

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Under uncertain conditions, the introduction of a state of emergency and quarantine measures, the scope of human rights may be subject to state interference and some rights cannot be exercised at all. The aim of the work is to examine the problem of the exercise of the right to freedom of movement and personal integrity in the context of COVID-19 through the practice of the European Court of Human Rights ECTHR. The theme of the study is the social relations that arise in the exercise of the right to freedom of movement and personal integrity in the COVID-19 pandemic. Research methods are the dialectical method, the method of system analysis, synthesis, induction, deduction, modeling, comparison, generalization, and formalization. As a result of the study, the problems of the realization of the right to freedom of movement and personal inviolability in COVID-19 were analyzed through the prism of ECtHR decisions. The international experience of regulating the right to circular under quarantine conditions was clarified and suggested ways to solve this problem to protect human dignity.
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Newman, Karl, and Julian Lonbay. "I. Free Movement of Persons, Recognition of Qualifications, and Working Conditions." International and Comparative Law Quarterly 47, no. 1 (January 1998): 224–31. http://dx.doi.org/10.1017/s0020589300061649.

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The European Commission has adopted an Action Plan to speed up the full implementation of the Single European Market. As part of its strategy the Commission has launched a stream of cases under Article 169 of the EC Treaty seeking to ensure the implementation of Community law in the fields covered by this note, which takes up and explains some of them. The first case is Commission v. Belgium where the European Court found that the Belgian rules, which effectively excluded those searching for work from Belgium after three months, contravened the job-seekers rights derived from Article 48 as interpreted in Antonissen. The Antonissen rights have also been extended to Turkish workers lawfully resident in Germany. Germany found itself condemned for failing to implement directives
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Henriques, João Paulo. "Representations of Europe and a Typology of European Identity." Comparative Sociology 19, no. 4-5 (November 16, 2020): 585–608. http://dx.doi.org/10.1163/15691330-bja10022.

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Abstract This article aims to examine the association between the representations of Europe and the level of European identification. Using a qualitative methodology, 36 Europeans, from the Free Movement Area, were interviewed from a life course perspective. The findings support the thesis that representations of Europe are a factor to explain European identification. Individuals that show a higher level of identification tend to see a similar European culture and/or to associate Europe with a set of Civic values (human rights, freedom, non-violence). When individuals tend to emphasise cultural diversity (multiculturalism) and/or the instrumental features associated with the EU project (the free movement) they tend to show a weaker identification. Thus, a typology with six types of Europeans is proposed: Transcendent, Symbolic-Stateless, Affective, Floating, Citizen, and Associative.
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Yablunovska, K. "EUROPEAN STANDARDS FOR THE RIGHT TO FREEDOM OF MOVEMENT AND RIGHT TO FREE CHOICE OF RESIDENCE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 115 (2020): 63–68. http://dx.doi.org/10.17721/1728-2195/2020/5.115-13.

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The article examines the system of standards for the right to freedom of movement and the right to free choice of residence that exist in the European Union. A wide range of general and special legal methods and techniques of scientific knowledge are used, in particular: comparative law, systemstructural and formal- dogmatic research methods, as well as the methods of scientific knowledge (analysis and synthesis, induction and deduction, classification, etc). As a result of the study, the author substantiates the scientific position that the existing system of standards for the right to freedom of movement and the right to free choice of residence in Ukraine only partially meets the standards of these rights that exist in EU member states. The difference between these standards exists on the level of specifics of legal regulation for the implementation of these human rights by family members of citizens of EU member states, as well as the goals pursued by the implementation of relevant standards. Bringing Ukrainian standards of these human rights in line with European counterparts involves rule-making activities of public administration. The source of such rule-making should be Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (2004). The effectiveness of bringing Ukrainian standards for the right to freedom of movement and the right to free choice of residence in line with EU standard will be increased significantly if the public administration has standards for legal regulation of relations between it and individuals in the process of exercising these rights by the latter. In our opinion, the Allgemeine Verwaltungsvorschrift zum Freizügigkeitsgesetz / EU (AVV zum FreizügG / EU) (General Administrative Code of the Law on Freedom of Movement of Citizens) can be considered as such a standard, as it is created in strict accordance with the EU Directive and other EU legal acts
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Maas, Willem. "Free Movement and Discrimination: Evidence from Europe, the United States, and Canada." European Journal of Migration and Law 15, no. 1 (2013): 91–110. http://dx.doi.org/10.1163/15718166-12342025.

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Abstract This article surveys some general lessons to be drawn from the tension between the promise of citizenship to deliver equality and the particularistic drive to maintain diversity. Democratic states tend to guarantee free movement within their territory to all citizens, as a core right of citizenship. Similarly, the European Union guarantees (as the core right of EU citizenship) the right to live and the right to work anywhere within EU territory to EU citizens and members of their families. Such rights reflect the project of equality and undifferentiated individual rights for all who have the status of citizen. But they are not uncontested. Within the EU, several member states propose to reintroduce border controls and to restrict access for EU citizens who claim social assistance. Similar tensions and attempts to discourage freedom of movement also exist in other political systems, and the article gives examples from the United States and Canada. Within democratic states, particularly federal ones and others where decentralized jurisdictions are responsible for social welfare provision, it thus appears that some citizens can be more equal than others. Principles such as benefit portability, prohibition of residence requirements for access to programs or rights, and mutual recognition of qualifications and credentials facilitate the free flow of people within states and reflect the attempt to eliminate internal borders. Within the growing field of migration studies, most research focuses on international migration, movement between states, involving international borders. But migration across jurisdictional boundaries within states is at least as important as international migration. Within the European Union, free movement often means changing residence across jurisdictional boundaries within a political system with a common citizenship, even though EU citizenship is not traditional national citizenship. The EU is thus a good test of the tension between the equality promised by common citizenship and the diversity institutionalized by borders.
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Dissertations / Theses on the topic "European rights of free movement"

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Berglund, Emma. "Rights, Inclusion and Free Movement : Social Rights and Citizenship in the European Union." Thesis, Stockholms universitet, Sociologiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-131864.

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The free movement of persons in the EU has been fraught with tension since the Eastern enlargements. This culminated in 2016 when the UK demanded the possibility to limit rights and benefits to intra-EU migrants, making for a fresh investigation into the state of the free movement. From a constructivist perspective of rights and citizenship this in-depth case study aims to elucidate how EU actors describe the free movement of persons. It will further look at how they situate limitations and obstacles and analyze what this reflects in terms of underlying logics and rationales of rights and citizenship in the EU free movement regime. The interviews with EU actors reveal how distinctions of politically constructed categories of migrants which define Insiders and Outsiders are used to rationalize who has the right to social rights. Inclusion is defined in terms of market liberalism and individual responsibility, logics which thus also define the Insiders of Europe. This produces an image of the EU citizen and indirectly defines those who diverge from this image as Outsiders, including “lesser” Europeans. The underlying logics within the EU could therefore contribute to negative perceptions of those who cannot meet the requirements of the ideal European.
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Tutkun, Secil. "Exhaustion Of Industrial Property Rights In The European Union And Its Implications On The Application Of This Principle In Turkey." Master's thesis, METU, 2005. http://etd.lib.metu.edu.tr/upload/12606973/index.pdf.

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This thesis analyzes the reconciliation of industrial property rights with the principle of free movement of goods in the EU and the implications of this solution on trade relations between the EU and Turkey in the scope of the Decision No. 1/95 of the EC-Turkey Association Council. In the second chapter, patents, trademarks, industrial designs and utility models then the EU regulations and the international regulations concerning the protection of the relevant right in the EU region is examined. Although, the need for &ldquo
EU wide protection of industrial property rights&rdquo
is not covered by these regulations, there are special provisions which stipulate &ldquo
regional exhaustion&rdquo
for trademarks and industrial designs. In the EU region there are systems for granting Community Trademark and granting Community Industrial Design which are co-exist with the national systems. However there is no system for granting Community Patent or Community Utility Models and there is no special provision which determine the geographical boundary of the exhaustion of patents and utility models. Nevertheless, the principle of regional exhaustion was accepted through ECJ decisions long before the above mentioned regulations which are very recent. In the third chapter of the thesis, firstly the provisions of the Rome Treaty regarding the free movement of goods, then the process that ECJ had faced until the regional exhaustion doctrine was reached and the implementation clauses of this doctrine is examined. Implementation of this doctrine affects both the trade relations among EU Member States and the trade relations between Member States and the non-EU countries. In the fourth chapter of the thesis, the provisions of the Decision No. 1/95 which regulates the free movements of goods between Turkey and the EU are examined with the articles of national legislation concerning the exhaustion of industrial property rights in Turkey. By considering above mentioned provisions and the different views in the doctrine, the trade relation between the EU and Turkey is examined with the economical, political and legal aspects.
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Cicėnas, Rokas. "Ar Lietuvoje esančios kliūtys registruoti automobilius su vairu dešinėje pusėje pažeidžia laisvo prekių judėjimo principus Europos Bendrijoje?" Master's thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20120619_121357-62493.

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ES vidaus rinka suprantama kaip teritorija be sienų, kurioje be kitų laisvių užtikrinamas ir laisvas prekių judėjimas. Laisvas prekių judėjimas yra labiausiai išplėtota iš vadinamųjų keturių „laisvių“ ir bene sėkmingiausiai veikianti Europos Bendrijos sritis. Automobilių pirkimas-pardavimas taip pat patenka į laisvo prekių judėjimo principų reguliuojamą sritį, nes autmobiliai taip pat yra „Prekės“. Taigi automobilių registravimo draudimas yra akivaizdus laisvo prekių suvaržymo pavyzdys, nes joks žmogus nebus suinteresuotas pirkti automobilį žinodamas, kad negalės jo registruoti ir naudoti. Tyrimo tikslas buvo išsiaiškinti, ar toks Lietuvoje taikomas draudimas nepažeidžia laisvo prekių judėjimo principų. Visų pirma, svarbiausio laisvam prekių judėjimui taikomo proporcingumo principo. Jis reikalauja, kad naudojamos priemonės atitiktų tą tikslą, kurio jomis siekiama. Taigi nukrypti nuo bendrosios taisyklės leidžiama tik tiek, kiek yra būtina keliamiems tikslams pasiekti. Tyrimo rezultatai parodė, kad Lietuvos institucijų veiksmai nėra proporcingi siekiamiems tikslams. Visų pirma, proporcingumo principas nereikalauja Bendrijos šalių atsisakyti naudoti laisvą prekių judėjimą varžančias priemones. Antra, taikomas „dešiniavairių“ automobilių registracijos draudimas, nepagrindžiant moksliniais tyrimais ar skaičiavimais, negali būti pateisinamas tik dėl galinčio kilti pavojaus kitiems eismo dalyviams, žmonių sveikatai ir visuomenės saugumui. Išanalizavus kitų šalių praktiką... [toliau žr. visą tekstą]
The free movement of goods is the most successful project in European Community. It is an important part of the internal market described in EC treaty as follows: the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of this Treaty. It is necessary to ensure the appropriate application of principles of free movement goods in European Community. Only this way it is possible to ensure fair competition among states companies and keep internal market competitive to the rest of the world. For the majority of products, EU countries have adopted the principle of mutual recognition of national rules. Any product legally manufactured and sold in one member state must be allowed to be placed on the market in all others. Articles 34 and 35 of the Treaty on Functioning of European Union deals with the prohibition of quantitative restrictions and measures having an equivalent effect to quantitative restrictions on imports and exports. Measures having an equivalent effect to quantitative restrictions mean laws, regulations, administrative provisions, administrative practices, and all instruments issuing from a public authority including recommendation which have similar effect to quantitative restrictions. These articles are a leading tool to deal with elimination of technical barriers which are the most dangerous to free movement of goods notion. Only on the... [to full text]
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Benoistel, Amélie. "Le concept de renvoi mobile : une théorie de la reconnaissance entre le droit international privé et les libertés de circulation européenne." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D086.

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Le concept de renvoi mobile trouve son origine dans la littérature italienne la plus distinguée en théorie du droit international privé. Apparu, dans ce contexte, sous le nom de rinvio mobile, il était positionné sur la branche extravertie de la règle de rattachement, afin de rendre compte de l’insertion des normes étrangères, considérées dans leur contenu, dans l’ordre juridique pris pour base du raisonnement. À cet effet, la règle de rattachement était tenue pour une «norme en blanc», prête à recevoir, par le biais d’une incorporation, n’importe quel contenu normatif. L’ordre juridique de renvoi, ainsi disposé à reprendre à son compte la totalité des dispositions adoptées par les droits étrangers au gré des renvois effectués en double face du rattachement, devait bien vite prendre les traits d’une mosaïque de normes issues de toutes origines et introduites de manière somme toute erratique en son sein. La présente étude renouvelle les bases et les fonctions du renvoi mobile pour proposer, à travers lui, un concept relationnel capable de s’immiscer dans la sphère du droit international privé dans le cadre de l’adaptation de la réglementation des situations individuelles issue des droits nationaux à la garantie européenne des libertés de circulation. Le renvoi au droit étranger répond à une logique « plurilatérale », dont la reconnaissance des décisions, actes, ou situations juridiques constitue une expression méthodologique. Le renouvellement du concept permet d’envisager le «plurilatéralisme» comme une nouvelle identité méthodologique, distincte du bilatéralisme et de l’unilatéralisme
The concept of “renvoi mobile” was born in the most distinguished private international law’s scholarship in Italy, where it was known as “rinvio mobile”. Situated on the “foreign-oriented” side of the choice-of-law rules, it gave them the ability to insert, by way of incorporation, the foreign applicable rules’ content into the legal order of the forum. For such a reading to be plausible, the choice-of-law rule was considered as “norma in bianco”, i.e. contentless rule. Thus, it seemed to be able to receive every and any normative content. The counterpart of this was that the state’s legal order seemed to be willing (or obliged) to adopt all the rules existing in foreign law as if they were its own, and, consequently, to become a patchwork of different norms, with different origins, and introduced randomly. The present work reconstructs the basis and the functions of the “rinvio mobile” in order to propose it as a relational concept able to take place in the sphere of private international law, in the process of adaptation of the regulation given to private situations by national legal orders according to the European rights of free movement. The “renvoi” to foreign law is governed by a “plurilateral” logic. The recognition of foreign decisions, acts or legal situations, is a methodological expression of this logic. The renewal of this concept enables “plurilateralism” to be considered as a new methodological identity distinct from bilateralism and unilateralism
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Panet, Amélie. "Le statut personnel à l'épreuve de la citoyenneté européenne : contribution à l'étude de la méthode de reconnaissance mutuelle." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30011.

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La Traité de Maastricht a institué la citoyenneté européenne. Envisagée initialement comme une conséquence de la nationalité d’un État membre, la notion a connu un développement extraordinaire au travers d’interprétations ambitieuses de la Cour de justice de l’Union européenne. Statut fondamental des ressortissants des États membres, la citoyenneté de l’Union se conjugue avec la liberté de circulation et les droits fondamentaux pour mettre à l’épreuve le statut personnel. Le temps est ainsi venu de s’interroger sur l’aptitude de la citoyenneté européenne à devenir le terreau d’un renouveau de la méthode du droit international privé au sein de l’Union européenne. La citoyenneté de l’Union constitue un fondement à la généralisation d’une méthode de reconnaissance mutuelle en bouleversant le statut personnel
The Maastricht Treaty establishes the European citizenship. Initially conceived as a consequence of Member State’s nationality, the concept has incredibly increased through ambitious exegesis analysis of the Court of Justice of the European Union. Fundamental status of nationals of the member States, EU citizenship brings together and fundamental Rights to improve the personal status. Time has now come to find out if or not the European citizenship will becomes the spring of a new Private international law method for the European Union. European citizenship constitutes the substructure of the globalization of a mutual recognition method, overthrowing the personal status
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Claessens, Sjoerd Joseph Franciscus Johannes. "Free movement of lawyers in the European Union : proefschrift ... /." Nijmegen : Maastricht : Wolf Legal Publishers ; University Library, Universiteit Maastricht [host], 2008. http://arno.unimaas.nl/show.cgi?fid=14501.

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7

Spaventa, Eleanor. "Barriers to movement or individual rights? : towards a (non-) economic European constitution." Thesis, University of Oxford, 2003. https://ora.ox.ac.uk/objects/uuid:fd22f768-e610-4e4c-87aa-c4e402858360.

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This thesis explores the notion of barrier to intra-Community trade and movement as developed by the European Court of Justice. Through a critical assessment of the case law, it aims at identifying the content of the rights granted by the free movement provisions and at providing a normative justification capable of accommodating the evolution of the Court's interpretation. Thus, it is argued that some of the recent case law can be better explained having regard to the notion of the fundamental right to exercise an economic activity free of unjustified and disproportionate restrictions. Further, other problematic strands of case law can be better explained having regard to the fundamental rights discourse. The thesis therefore challenges the traditional doctrinal approaches to the free movement provisions, to suggest that the broad interpretation currently adopted by the Court in this field cannot be justified having sole regard to a Ideological interpretation of the free movement provisions. Instead, it suggests that the developments in the case law should be appreciated in the context of the constitutional changes which have occurred in the past decade in the European Union. Thus, it links the extensive interpretation given to the free movement of persons provisions, to the introduction of Union citizenship, to argue that the normative justification for the Court's case law is better found in a joint reading of the free movement of persons and Union citizenship provisions. Thus, the extensive approach adopted in the field of free movement of persons signals the emergence of a new constitutional dimension whereby the individual is protected also qua citizen, rather than just qua economic actor.
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8

Sweeting, Jane Elizabeth. "The gender implications of the European Community Free Movement of Persons provisions." Thesis, University of Plymouth, 1998. http://hdl.handle.net/10026.1/703.

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This thesis was carried out as part of a wider comparative study that was funded by the University of Plymouth and the Equal Opportunities Unit of the European Commission. Researchers from Great Britain, Greece, Ireland, Portugal and Sweden participated in this study. This thesis is based on the research that was carried out in London for which the author was solely responsible. The impetus for this research was to explore the implications for women of a largely unexplored aspect of European Community (EC) legislation. A lot of attention has focused on EC equal opportunities legislation but very little has been written about the impact of other more fundamental aspects of European Community legislation on women. This thesis therefore makes an important contribution to the EC gender equality debate by providing an understanding of the Free Movement of Persons Provisions - which serve as the basis for European citizenship - from a gender perspective. This research is based on three components; secondary data analysis, in particular the Labour Force Survey and a literature review of migration studies and issues concerning women and citizenship. The investigation also involves an analysis of primary, secondary and case law relating to the Free Movement of Persons provisions. The main empirical element of this research is an analysis of fifty in-depth life history interviews with European Union national women who had migrated to Great Britain and who were living in London in 1995. This thesis exposes the limitations of existing data sources and migration literature concerning the nature and process of migration for this group of women. It is argued that migration has been reported as a male phenomenon, which has perpetuated a myth, that migration is a male rather than female affair. A discussion of citizenship issues at a national level reveals the secondary citizenship status of women. These gendered assumptions about migration and the operation of citizenship rights are echoed in the way in which the Free Movement of Persons provisions have been developing and are at odds with the European Union's commitment to gender equality
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Chouhan, Anita. "Free movement of a Union citizen within the European Union : What criteria must a family member of a Union Citizen fulfil in order to move to a Member State?" Thesis, Högskolan i Jönköping, Internationella Handelshögskolan, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-15086.

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The treaty on the functioning of the European Union provides certain rights to the Union Citizens. One of the fundamental rights is that of free movement of Union citizens. A citi-zen within the European Union has the right to freely move and reside within the territory of the Member States. Family members of a Union citizen also obtains right to move to a Member State. However, the family members have to fulfil certain conditions in the Resi-dence Directive in order to move to a Member State. The question of what criteria a family member must fulfil has been controversial because the Member States have interpreted the EU-law in different ways. Consequently, through preliminary rulings ECJ has come to dif-ferent conclusions hence the controversy. The interpretation of the EU-law concerned whether a Member State can impose an addi-tional requirement on a family member of a Union citizen or not. This is what the Member States have different views on. The implication of the requirement was that a family mem-ber must have had a prior lawful residence in a Member State in order to move to another Member State. This is the outcome in one of the cases where an additional requirement set by a Member State was to be considered as compatible with the EU-law. However, this view was to be reviewed in another case, as imposing a requirement was in contrary to the EU-law and to the internal market within the European Union. It is clear that including an additional requirement is not in compliance within the EU-law. Mainly because the applying an additional requirement is not provided for in the Residence Directive. Additionally, it would restrict family members to move as well as it would hinder Union citizens to lead a normal family life.
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Mei, Anne Pieter van der. "Free movement of persons within the European Community cross-border access to public benefits /." [Maastricht : Maastricht : Universiteit Maastricht] ; University Library, Maastricht University [Host], 2001. http://arno.unimaas.nl/show.cgi?fid=5984.

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Books on the topic "European rights of free movement"

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author, Holst-Christensen Nina, ed. Free movement in the European Union. 4th ed. Copenhagen, Denmark: DJØF Publishing, 2014.

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Broberg, Morten P. Free movement in the European Union. 2nd ed. Copenhagen: DJØF Pub., 2007.

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Nina, Holst-Christensen, ed. Free movement in the European Union. 3rd ed. Copenhagen: DJØF Pub., 2010.

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Denis, Martin. Free movement of persons in the European Union. London [England]: Butterworths, 1996.

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Santiago, Joseph Sedfrey S. A handbook on the rights and remedies of migrant workers in the European Community under the European Convention on Human Rights. Diliman, Quezon City, Philippines: Institute of International Legal Studies, University of the Philippines Law Center, 1993.

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Vincenzi, Christopher. Implementing European Community law: Free movement rights in the United Kingdom Directive 90/364 : a case study. London: IALS, 1994.

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Hazelhorst, Monique. Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial. The Hague: T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-162-3.

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Rights of third-country nationals under EU association agreements: Degrees of free movement and citizenship. Leiden: Brill Nijhoff, 2015.

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Historische Vorbilder und Entwicklung des Rechtsbegriffs der "Vier Grundfreiheiten" im Europäischen Gemeinschafttsrecht. Frankfurt am Main: P. Lang, 1998.

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Free movement in European Community law. Oxford [Oxfordshire]: Clarendon Press, 1987.

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Book chapters on the topic "European rights of free movement"

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Fløistad, Karin. "The Provision of Healthcare Services: Free Movement Rights for Patients." In Studies in European Economic Law and Regulation, 41–57. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-95043-3_3.

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Fløistad, Karin. "The Provision of Educational Services: Free Movement Rights for Students." In Studies in European Economic Law and Regulation, 59–81. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-95043-3_4.

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Hazelhorst, Monique. "Free Movement of Judgments and the European Convention on Human Rights." In Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial, 177–229. The Hague: T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-162-3_5.

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Hazelhorst, Monique. "Free Movement of Civil Judgments and European Union Fundamental Rights Law." In Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial, 231–69. The Hague: T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-162-3_6.

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Hazelhorst, Monique. "Protection of Fundamental Rights by EU Instruments on Free Movement of Civil Judgments." In Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial, 63–114. The Hague: T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-162-3_3.

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Reich, Norbert. "‘Widening’ vs. ‘Deepening’ The European Union: Free Movement vs. Social Rights in the Laval Case Before The ECJ*." In Reconciling the Deepening and Widening of the European Union, 29–57. The Hague: T.M.C. Asser Press, 2007. http://dx.doi.org/10.1007/978-90-6704-717-3_3.

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Hazelhorst, Monique. "The Evolution of Free Movement of Civil Judgments in the European Union." In Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial, 15–62. The Hague: T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-162-3_2.

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Fløistad, Karin. "The EU Integration Process and the Right to Free Movement, Residence and Equal Treatment for Union Citizens." In Studies in European Economic Law and Regulation, 103–21. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-95043-3_7.

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Hazelhorst, Monique. "Facilitating Enforcement of Civil Judgments Across European Union Member States." In Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial, 345–412. The Hague: T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-162-3_8.

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Hazelhorst, Monique. "Towards an ‘Emergency Brake’ in EU Instruments on Free Movement of Civil Judgments." In Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial, 279–343. The Hague: T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-162-3_7.

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Conference papers on the topic "European rights of free movement"

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Duić, Dunja, and Veronika Sudar. "THE IMPACT OF COVID-19 ON THE FREE MOVEMENT OF PERSONS IN THE EU." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18298.

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The impact of the COVID-19 outbreak is being endured throughout the world, and the European Union (EU) is no exception. The rapid spreading of the virus effected, among other things, restriction on the freedom of movement. The EU member states introduced national response measures to contain the pandemic and protect public health. While broadly similar, the measures differ with regard to strictness and the manner of introduction, reflecting the political legitimacy of the respective country. With the ‘Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak’ – its first COVID-19-related Communication – the European Commission (EC) attempted to curb differing practices of the EU member states and ensure a coordinated approach. Ultimately, this action was aimed at upholding of fundamental rights as guaranteed to EU citizens, one such being the freedom of movement. Thus, from the very start of the pandemic, the coordinated actions of EU institutions sought to contain the spread of COVID-19 infections with the support and cooperation of EU member states. This is confirmed by the most recent Council of the EU (Council) recommendation on a coordinated approach to restrictions to freedom of movement within the EU of October 2020. While they did prevent the spread of infection and save countless lives, the movement restriction measures and the resulting uncertainty have greatly affected the people, the society, and the economy, thereby demonstrating that they cannot remain in force for an extended period. This paper examines the measures introduced by EU member states and analyses the legal basis for introducing therewith limitations on human rights and market freedoms. To what extent are the EU and member states authorized to introduce restrictions on the freedom of movement in the interest of public health? Have the EU and member states breached their obligations regarding market freedoms and fundamental rights under the Treaty? And most importantly: have they endangered the fundamental rights of the citizens of the EU?
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Čepo, Marina. "DETENTION OF ASYLUM SEEKERS THROUGH THE PRACTICE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON THE EXAMPLE OF THE REPUBLIC OF HUNGARY AND THE PERSPECTIVES OF THE NEW PACT ON MIGRATION AND ASYLUM." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18301.

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Restrictions on freedom of movement, in particular the detention of asylum seekers as the most severe form of such restrictions, constitute an interference with fundamental human rights and must be approached with particular care. In view of the migration and refugee crisis, the Republic of Hungary has begun to amend its asylum legislation, thus tightening the conditions for the detention of asylum seekers. The introduction of the provision establishing that asylum may be sought only in transit zones has also led to the gradual detention of asylum seekers in transit zones, which Hungary did not consider as detention. This issue was brought before the Court of Justice of the European Union (hereinafter: CJEU), which drastically changed the path taken by the Hungarian government when it comes to detaining asylum seekers. What the CJEU has found is that leaving people in transit zones without the right to free movement is to be considered detention, even though they are not specialized detention facilities. The CJEU ordered that such a practice must cease immediately. Therefore, this paper will examine the Hungarian practice following the judgment of the CJEU. The CJEU has taken a major step towards protecting the rights of asylum seekers as regards detention, and the EU recently adopted amendments as part of the new Pact on Migration and Asylum aimed at improving the existing asylum system. The second part of the paper analyzes the provisions of the new Pact on Migration and Asylum related to detention in order to determine whether the proposed amendments contribute to the Common European Asylum System and the protection of the human rights of asylum seekers or represent a step backwards.
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Herrera Martín, Juan José, and Iván Castilla Rodríguez. "A conceptual model for assessing the impact of Internet-of-Things technologies for people with reduced mobility in airports." In The 21st International Conference on Harbor, Maritime and Multimodal Logistic Modeling & Simulation. CAL-TEK srl, 2019. http://dx.doi.org/10.46354/i3m.2019.hms.006.

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The European Union has regulated by law the elimination of barriers to guarantee the right to free movement, freedom of choice and non-discrimination of people with reduced mobility (PRM). This regulation also affects air transport. More specifically, airports of the member states must offer a quality assistance service to PRM, with the adequate human and technical resources to guarantee their rights. The changing characteristics of the operation of an airport (delays, cancellations, breakdowns, etc.) add great complexity to the design and management of a PRM service. Internet of Things (IoT) technologies pose a unique opportunity to integrate new services and solutions to deal with these problems. This work focuses on the use of modeling and simulation techniques for the evaluation of the impact of the incorporation of new IoT-based elements (such as autonomous vehicles, smart devices and 5G-enabled systems), for the improvement of the PRM service.
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Magdziarczyk, Malgorzata. "RIGHT TO BE FORGOTTEN IN LIGHT OF REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 27 APRIL 2016 ON THE PROTECTION OF NATURAL PERSONS WITH REGARD TO THE PROCESSING OF PERSONAL DATA AND ON THE FREE MOVEMENT OF SUCH DATA, AND REPEALING DIRECTIVE 95/46/EC." In 6th SGEM International Multidisciplinary Scientific Conferences on SOCIAL SCIENCES and ARTS Proceedings. STEF92 Technology, 2019. http://dx.doi.org/10.5593/sgemsocial2019v/1.1/s02.022.

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Ay, Ahmet, Fatih Ayhan, and Mustafa Gerçeker. "Analyzing the Free Movement of Goods Principle in European Union." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01419.

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In this paper, it will be analyzed the free movement of goods principle’s progress in European Union. This principle have special importance for all countries not only EU members. Because of globalisation’s effects, all countries have to open their boundaries to all over the World. Thus the free movement of goods affects almost all countries. Free movement of goods principle is achieved a successful progress in EU case. In this paper, we will try to show this principle’s success in EU agreements, regulations, settlements and peaks. Not only in EU, but also all open economies are getting extra benefit from trade. Free movement of goods is a part of international trade and also first step of EU integration process. Followings steps are consisting of free movement of capitals, services and human. In this paper, we’ll show the meaning and importance of this principle and its historical progress in EU. And also it will be analyzed to basic drawback, preventions, and exceptions of this principle.
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"Method Cards for Movement-Based Design Activities: A Survey of Free Online Toolboxes." In 2th European Conference on Game Based Learning. ACPI, 2019. http://dx.doi.org/10.34190/gbl.19.049.

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Cristina, Stefania, and Kenneth P. Camilleri. "Gaze Tracking by Joint Head and Eye Pose Estimation Under Free Head Movement." In 2019 27th European Signal Processing Conference (EUSIPCO). IEEE, 2019. http://dx.doi.org/10.23919/eusipco.2019.8902786.

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Nielsen, B. "A Mathematical Model of the Vertical Movement of the Free Water Level in Fracture Reservoirs." In ECMOR V - 5th European Conference on the Mathematics of Oil Recovery. European Association of Geoscientists & Engineers, 1996. http://dx.doi.org/10.3997/2214-4609.201406899.

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Erimia, Cristina-Luiza. "THE LIMITATION OF THE FREE MOVEMENT OF GOODS ON THE INTERNAL MARKET OF THE EUROPEAN UNION JUSTIFIED BY ENVIRONMENTAL PROTECTION." In 15th International Multidisciplinary Scientific GeoConference SGEM2015. Stef92 Technology, 2011. http://dx.doi.org/10.5593/sgem2015/b52/s23.107.

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Hussain, Md Yahia, and Roger E. Khayat. "Effect of Wall Movement on a Jet Depositing on a Moving Wall at Moderate Reynolds Number." In ASME 2010 3rd Joint US-European Fluids Engineering Summer Meeting collocated with 8th International Conference on Nanochannels, Microchannels, and Minichannels. ASMEDC, 2010. http://dx.doi.org/10.1115/fedsm-icnmm2010-30731.

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The steady flow of a moderately inertial jet depositing on a moving wall, is examined theoretically near channel exit. The free surface jet emerges from a channel and adheres to a wall, which may move in the same or opposite direction to the acting channel pressure gradient. The problem is solved using the method of matched asymptotic expansions. The small parameter involved in the expansions is the inverse Reynolds number. The flow field is obtained as a composite expansion by matching the flow in the boundary layer regions near the free surface, with the flow in the core region. The influence of inertia and wall velocity on the shape of the free surface, the velocity and stress is emphasized. It is found that the viscous relaxation length is essentially uninfluenced by the velocity of a forward moving wall. In contrast, it diminishes rapidly with the velocity of a backward moving wall.
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