Citizenship of the Union and Freedom of Movement of Persons

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Massimo Condinanzi, Allessandra Lang, Bruno Nascimbene
BRILL, 2008 - Political Science - 265 pages
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Citizenship of the Union and Freedom of Movement of Persons, sets out to analyse in detail the various provisions of Community law which confer upon individuals the right to move about, reside and work in the Member States. It also examines the procedural safeguards which set those fundamental rights apart from any deriving from other international bodies or organisations and point up the originality of the Community system. Citizenship of the Union entails freedom of movement under the current Treaties and also under the Treaty of Lisbon, in which the unified treatment of the rules, by contrast with the existing pillars of Community and European Union law, might be expected to confer new impetus on the realisation of the area of freedom, security and justice. If there is truly to be such an area, there must be unified, not merely coordinated action. Judicial cooperation must be tightened in favour of the Union and, more importantly, individuals, be they Community citizens or indeed nationals of third countries, given the increasing trend towards a kind of integration which focuses less on formal data such as nationality and more on factors such as residence, employment and social integration. The book pays particular attention to this last aspect and its political and legal implications. The "communitarisation" of immigration policy (the new Title IV of the EC Treaty mentioned above) and the perspectives opened up by the enlargement to 27 Member States (and more) and by the Treaty of Lisbon, provide the framework for the treatment given in the present work.
 

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Contents

Chapter I Citizenship of the Union
1
I2 The systematic location of the provisions on citizenship
2
I3 The concept of citizenship of the Union
4
I4 Community limits to acquiring and losing citizenship of the Union
10
I5 Substance of citizenship of the Union Rights
12
I6 Substance of citizenship of the Union Duties
18
17 The right of movement and residence The traditional concept
19
I8 The right of movement and residence appertaining to citizenship of the Union
24
III9 Ways of exercising freedom of establishment Primary establishment
122
III10 cont Secondary establishment
123
III11 Content of freedom of establishment The rule of national treatment
126
III12 Prohibition of measures applicable without distinction
128
abuse of the law
131
III14 Discriminatory restrictions
133
III15 cont Nondiscriminatory restrictions
134
mutual recognition of diplomas and other evidence of formal qualifications
137

I9 Limits and conditions
28
I10 Measures implementing the right of movement and residence
33
I11 The citizen of the Union in the area of freedom security and justice
35
I12 Political significance of the conferral of election rights on European citizens
36
I13 Participation in municipal elections
37
I14 Participation in European elections
41
I15 The exercise of diplomatic protection by the Community for the benefit of citizens of the Union
43
I16 Diplomatic protection of a citizen of the Union by a Member State of which he or she is not a citizen
45
I17 Methods of protecting noncitizens
46
I18 Guarantees for participation in Community public life
48
I19 Petitions to the European Parliament
49
I20 Applications to the European Ombudsman
51
I21 The limits ratione materiae to the activities of the European Ombudsman
54
I22 Access to documents and the right to correspond with the Community institutions
58
I23 Citizenship of the Union in the Treaty establishing a Constitution for Europe
60
Chapter II Freedom of Movement of Workers
65
II2 Territorial scope of the Community rules on the freedom of movement of workers
67
II3 Scope of application ratione personae of the Community rules on freedom of movement of workers
68
II4 Restrictions applying to purely internal situations
71
II5 The requirement of citizenship of a Member State
73
II6 Workers family members
75
II7 The right to enter and reside in the territory of a Member State
79
II8 Restrictions on entry and residence arising from the need to safeguard the social assistance system of the host State
81
II9 The right to equal treatment with national workers with regard to access to work and the conditions of work and employment
83
II10 Exclusion of freedom of movement in the case of employment in the public service
89
II11 The right to remain in the territory of a Member State after having worked there
92
II12 Limitations on the right to enter and reside for reasons of public policy public security and public health
93
II13 Procedural safeguards
98
II14 Freedom of movement of workers under the Treaty establishing a Constitution for Europe
102
Chapter III Right of Establishment
105
III3 Differences as compared with freedom to supply services and free movement of workers
108
III4 The constraint of purely internal situations
110
III5 Scope ratione personaeRequirement for nationalitycitizenship
112
III6 cont Establishment of companies
114
III7 Substantive scope
119
III8 cont Exclusion of activities connected with the exercise of official authority
120
III17 Right of establishment for lawyers
143
III18 Right of establishment in the Treaty establishing a Constitution for Europe
147
Chapter IV Services
149
IV2 Scope of the rules on services The definition of service
153
IV3 Means of providing services
155
IV4 Scope ratione personae
161
IV5 Scope ratione materiae Relationship with the common transport policy and with the liberalisation of the banking and insurance sectors
165
IV6 cont Exclusion of activities involving the exercise of public authority
168
IV7 Substance of freedom to provide services The principle of equal treatment on grounds of nationality
170
requirement for residence
171
measures applicable without distinction
174
IV10 Restrictions on freedom to provide services Justifications
179
IV11 cont Discriminatory measures
180
IV12 cont Measures applicable without distinction
182
IV13 Implementation of liberalisation
187
IV14 cont Recognition of diplomas
189
IV15 cont The directive on services in the internal market
190
IV16 Free movement of lawyers
193
IV17 Services in the Treaty establishing a Constitution for Europe
198
Chapter V Immigration Policy
201
V2 The Single European Act the Schengen Agreement and intergovernmental cooperation
205
V3 The Maastricht Treaty
209
V4 The Treaty of Amsterdam and theTreaty of Nice
213
V5 Bringing the Schengen acquis within the scope of the European Union
216
V6 Immigration policy as part of the area of freedomsecurity and justice
221
V7 Scope of application of immigration policy ratione materiae
224
V8 Scope of application ratione personarum
226
V9 Scope of application ratione loci
232
V10 Competence of the Member States and Community competence
233
V11 The content of Community immigration policy
236
V12 Immigration policy in the Treaty establishing a Constitution for Europe
241
Addendum
247
Table of Cases
251
Index
262
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About the author (2008)

Massimo Condinanzi is professor of European Union Law at the Faculty of Law of the University of Milan. Alessandra Lang is professor of European Law at the Faculty of Political Sciences at the University of Milan. Bruno Nascimbene is professor of European Union Law at the Faculty of Law of the University of Milan and Director of the Centre of Excellence Jean Monnet, University of Milan.

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