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Dilemmas of EU Free Movement Law

Edited by: Eleanor Spaventa, Maria Antonia Panascì

ISBN13: 9781839107825
To be Published: August 2026
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £100.00





This thought-provoking book explores the ambiguity surrounding the objectives of free movement, highlighting how this creates dilemmas that affect its scope and structure. Leading experts assess free movement as a central component of the EU’s evolving constitutional order, evaluating the persistent tension between economic logic and broader social aims./p>

Contributors demonstrate how free movement law has expanded the constitutional ambition to create a transnational space for values that accommodates regulatory diversity among Member States. They argue that the narrative of the EU as ‘more than a market’ primarily translates into a guarantee of individual self-determination, rather than social emancipation, and that the scope of social protection under EU law continues to be shaped by an enduring market rationale. Critically analysing key areas of constitutional tension, the book examines conflict and balance to highlight how free movement law mediates market integration and social protection.

Dilemmas of EU Free Movement Law is an essential resource for scholars and students of EU law, employment law, human rights and welfare reform. Constitutional lawyers and EU policymakers will also benefit from its intricate analysis and broad coverage.

Subjects:
EU Law
Contents:
1. The scope of and rationale of EU free movement law: old and new challenges 1
Maria Antonia Panascì and Eleanor Spaventa
2. The Familiapress dilemma: the horizontal application, horizontal direct effect and horizontal enforcement of the free
movement provisions 12
Barend van Leeuwen
3. Clash of rights: free movement vs fundamental rights. A case study on collective employment rights 40
Eleni Frantziou
4. The notion of worker in free movement law: the dilemma of expansion and fragmentation 62
Fulvia Ristuccia
5. Who is self-employed? Self-employment and social protection in the EU legal system 92
Elena Gramano
6. The inconsistent right to welfare provision: frictions between EU free movement law and social security coordination 113
Maria Antonia Panascì
7. Citizenship in a Crisis: COVID-19, Union Citizenship and Emergency 148
Stephen Coutts
8. Free movement and public policy: the European space as a guarantee for self determination 178
Eleanor Spaventa