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Vol 22 No 2 Feb/March 2017

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Workers, Establishment, and Services in the European Union

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ISBN13: 9780198267768
ISBN: 0198267762
Published: October 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00

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The free movement of persons and services are key elements, alongside the free movement of goods and capital, in the fundamental freedoms which underpin the European internal market. In recent years two key themes have emerged from the case law of the European Court of Justice. The first is convergence in the case law on the free movement of goods, persons, and services in order to ensure the operation of the internal market through the prohibition of discrimination and the outlawing of unjustified obstacles to free movement. The second is the case law on the rights which flow from the introduction of citizenship of the European Union, which offer constitutional rights for individuals.

The tensions between these two lines of authority can be explained through a fresh approach to the analysis and synthesis of the Treaty rules and secondary legislation of the European Community, and of the case law of the European Court of Justice on free movement of persons and services. This approach is based on distinguishing between those rules which relate mainly to the regulation of business activities in the internal market, and those which are mainly concerned with individual rights for citizens of the European Union. The result is a detailed overview of the law relating to workers, establishment, and services in the EU in this modern context.

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EU Law
Preface; Contents; Tables; Abbreviations
PART I INTRODUCTION; 1 Setting the scene
PART II THE GENERAL PART; 2 Entitlement; 3 The prohibition of discrimination; 4 Recognition of qualifications; 5 Exceptions; 6 Remedies
PART III PERSONAL RIGHTS; 7 Citizenship of the European Union; 8 Benefits for movers; 9 Social security and pensions
PART IV REGULATING MARKET ACCESS; 10 Prohibiting obstacles to free movement; 11 Services and goods; 12 Case study: lawyers; 13 Case study: insurance services; 14 Distinguishing personal rights from business regulation; Select Bibliography; Index