Boekhandel Douwes Den Haag

Free Movement of Persons in the European Union

Barriers to Movement in their Constitutional Context

Eleanor Spaventa

Free Movement of Persons in the European Union

Free Movement of Persons in the European Union

Barriers to Movement in their Constitutional Context

Free Movement of Persons in the European Union

 

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 todayand#8217;s Europe.


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Beschrijving Free Movement of Persons in the European Union




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 todayand#8217;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
actorsand#8213;a duty not to interfere with individual rights, a duty to respect
individual rights, and a duty to protect individual rightsand#8212;duties to be
understood in the context of Union citizenship. Among the relevant issues
scrutinised in the course of the analysis are the following:





and#8226; the refinement of the concept of discrimination;



and#8226; the notion of and#8216;non-discriminatory barrierand#8217; and remuneration in relation to
the free movement of services;



and#8226; non-discriminatory barriers to the freedom of establishment and the movement
of workers;



and#8226; the inadequacy of the market access test;



and#8226; the notion of Union citizenship and its impact on the economic free movement
provisions;



and#8226; 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, Free Movement
of Persons in the European Union will be of inestimable value to academics, as
well as to postgraduate students and others concerned with the ongoing process
of European integration.


ISBN
9789041124708
Pagina's
204
Verschenen
NUR
828
Uitvoering
Hardback
Taal
Engels
Uitgever
Kluwer Law International

Internationaal Recht