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Vol 21 No 11 Nov/Dec 2016

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Free Movement Of Persons In The EU: Barriers to Movement in their Constitutional Context

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ISBN13: 9789041124708
Published: September 2007
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £74.00



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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;
  • the right to pursue an economic activity free of disproportionate market regulation.
The 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.

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Subjects:
EU Law
Contents:
Foreword
Acknowledgements
Chapter 1. The Rights of Economic Migrants: An Overview ;
Chapter 2. Exploding the Boundaries: The Case Law on the Free Movement of Services in the 1990s and Beyond ;
Chapter 3. Barriers to the Free Movement of Workers and Establishment Beyond Discrimination
Chapter 4. Providing a Framework to the Free Movement Provisions: The Narrow Approach
Chapter 5. Market Access: A Concept in Search of a Definition
Chapter 6. Union Citizenship
Chapter 7. Mr Gebhard Meets Mr Baumbast: Towards a More Coherent Theory of Free Movement
Table of Cases
Bibliography
Index ;