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The Reach of Free Movement

Author: Mads Andenas

Publisher: Springer

Published: 2017-09-26

Total Pages: 419

ISBN-13: 9462651957

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The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems. The book falls into four parts, ‘The reach of free movement’, ‘Justifications and Proportionality’, ‘Fundamental rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London. Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a Ph.D. in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg.

Book Synopsis The Reach of Free Movement by : Mads Andenas

Download or read book The Reach of Free Movement written by Mads Andenas and published by Springer. This book was released on 2017-09-26 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems. The book falls into four parts, ‘The reach of free movement’, ‘Justifications and Proportionality’, ‘Fundamental rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London. Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a Ph.D. in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg.

The Reach of Free Movement

Author: Mads Andenas

Publisher: T.M.C. Asser Press

Published: 2017-10-11

Total Pages: 419

ISBN-13: 9789462651944

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Book Synopsis The Reach of Free Movement by : Mads Andenas

Download or read book The Reach of Free Movement written by Mads Andenas and published by T.M.C. Asser Press. This book was released on 2017-10-11 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems. The book falls into four parts, ‘The reach of free movement’, ‘Justifications and Proportionality’, ‘Fundamental rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London. Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a Ph.D. in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg.

Europe's Passive Virtues

Author: JAN. ZGLINSKI

Publisher: Oxford University Press, USA

Published: 2020-06-04

Total Pages: 257

ISBN-13: 0198844794

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The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.

Book Synopsis Europe's Passive Virtues by : JAN. ZGLINSKI

Download or read book Europe's Passive Virtues written by JAN. ZGLINSKI and published by Oxford University Press, USA. This book was released on 2020-06-04 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.

Controlling Frontiers

Author: Elspeth Guild

Publisher: Routledge

Published: 2017-05-15

Total Pages: 296

ISBN-13: 1351948709

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Focusing in particular on the European borders, this volume brings together an interdisciplinary group of academics to consider questions of immigration and the free movement of people, linking control within the state to the role of the police and internal security. The contributors all take as the point of departure the significance of European governmentality within the Foucauldian meaning as opposed to the European governance perspective which is already well represented in the literature. They discuss the relation between control of borders, introduction of biometrics and freedom. The book makes available in English an analysis of an important and politically highly charged field from a major French critical perspective. It draws on different disciplines including law, politics, international relations and philosophy.

Book Synopsis Controlling Frontiers by : Elspeth Guild

Download or read book Controlling Frontiers written by Elspeth Guild and published by Routledge. This book was released on 2017-05-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing in particular on the European borders, this volume brings together an interdisciplinary group of academics to consider questions of immigration and the free movement of people, linking control within the state to the role of the police and internal security. The contributors all take as the point of departure the significance of European governmentality within the Foucauldian meaning as opposed to the European governance perspective which is already well represented in the literature. They discuss the relation between control of borders, introduction of biometrics and freedom. The book makes available in English an analysis of an important and politically highly charged field from a major French critical perspective. It draws on different disciplines including law, politics, international relations and philosophy.

Open Borders

Author: Reece Jones

Publisher: University of Georgia Press

Published: 2019

Total Pages: 297

ISBN-13: 0820354279

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Border control continues to be a highly contested and politically charged subject around the world. This collection of essays challenges reactionary nationalism by making the positive case for the benefits of free movement for countries on both ends of the exchange. Open Borders counters the knee-jerk reaction to build walls and close borders by arguing that there is not a moral, legal, philosophical, or economic case for limiting the movement of human beings at borders. The volume brings together essays by theorists in anthropology, geography, international relations, and other fields who argue for open borders with writings by activists who are working to make safe passage a reality on the ground. It puts forward a clear, concise, and convincing case for a world without movement restrictions at borders. The essays in the first part of the volume make a theoretical case for free movement by analyzing philosophical, legal, and moral arguments for opening borders. In doing so, they articulate a sustained critique of the dominant idea that states should favor the rights of their own citizens over the rights of all human beings. The second part sketches out the current situation in the European Union, in states that have erected border walls, in states that have adopted a policy of inclusion such as Germany and Uganda, and elsewhere in the world to demonstrate the consequences of the current regime of movement restrictions at borders. The third part creates a dialogue between theorists and activists, examining the work of Calais Migrant Solidarity, No Borders Morocco, activists in sanctuary cities, and others who contest border restrictions on the ground.

Book Synopsis Open Borders by : Reece Jones

Download or read book Open Borders written by Reece Jones and published by University of Georgia Press. This book was released on 2019 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Border control continues to be a highly contested and politically charged subject around the world. This collection of essays challenges reactionary nationalism by making the positive case for the benefits of free movement for countries on both ends of the exchange. Open Borders counters the knee-jerk reaction to build walls and close borders by arguing that there is not a moral, legal, philosophical, or economic case for limiting the movement of human beings at borders. The volume brings together essays by theorists in anthropology, geography, international relations, and other fields who argue for open borders with writings by activists who are working to make safe passage a reality on the ground. It puts forward a clear, concise, and convincing case for a world without movement restrictions at borders. The essays in the first part of the volume make a theoretical case for free movement by analyzing philosophical, legal, and moral arguments for opening borders. In doing so, they articulate a sustained critique of the dominant idea that states should favor the rights of their own citizens over the rights of all human beings. The second part sketches out the current situation in the European Union, in states that have erected border walls, in states that have adopted a policy of inclusion such as Germany and Uganda, and elsewhere in the world to demonstrate the consequences of the current regime of movement restrictions at borders. The third part creates a dialogue between theorists and activists, examining the work of Calais Migrant Solidarity, No Borders Morocco, activists in sanctuary cities, and others who contest border restrictions on the ground.

Against Borders

Author: Alex Sager

Publisher: Rowman & Littlefield

Published: 2020-01-13

Total Pages: 146

ISBN-13: 1786606291

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This book provides a philosophical defence of open borders. Two policy dogmas are the right of sovereign states to restrict immigration and the infeasibility of opening borders. These dogmas persist in face of the human suffering caused by border controls and in spite of a global economy where the mobility of goods and capital is combined with severe restrictions on the movement of most of the world’s poor. Alex Sager argues that immigration restrictions violate human rights and sustain unjust global inequalities, and that we should reject these dogmas that deprive hundreds of millions of people of opportunities solely because of their place of birth. Opening borders would promote human freedom, foster economic prosperity, and mitigate global inequalities. Sager contends that studies of migration from economics, history, political science, and other disciplines reveal that open borders are a feasible goal for political action, and that citizens around the world have a moral obligation to work toward open borders.

Book Synopsis Against Borders by : Alex Sager

Download or read book Against Borders written by Alex Sager and published by Rowman & Littlefield. This book was released on 2020-01-13 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a philosophical defence of open borders. Two policy dogmas are the right of sovereign states to restrict immigration and the infeasibility of opening borders. These dogmas persist in face of the human suffering caused by border controls and in spite of a global economy where the mobility of goods and capital is combined with severe restrictions on the movement of most of the world’s poor. Alex Sager argues that immigration restrictions violate human rights and sustain unjust global inequalities, and that we should reject these dogmas that deprive hundreds of millions of people of opportunities solely because of their place of birth. Opening borders would promote human freedom, foster economic prosperity, and mitigate global inequalities. Sager contends that studies of migration from economics, history, political science, and other disciplines reveal that open borders are a feasible goal for political action, and that citizens around the world have a moral obligation to work toward open borders.

The Oxford Handbook of European Union Law

Author: Anthony Arnull

Publisher: Oxford University Press

Published: 2015-07-23

Total Pages: 950

ISBN-13: 0191653055

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Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Book Synopsis The Oxford Handbook of European Union Law by : Anthony Arnull

Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

EU Citizenship and Free Movement Rights

Author: Sandra Mantu

Publisher: BRILL

Published: 2020-03-31

Total Pages: 452

ISBN-13: 900441178X

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EU citizenship and Free Movement Rights examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for in relation to family reunification, social rights, expulsion and discusses the effects of Brexit for EU citizens.

Book Synopsis EU Citizenship and Free Movement Rights by : Sandra Mantu

Download or read book EU Citizenship and Free Movement Rights written by Sandra Mantu and published by BRILL. This book was released on 2020-03-31 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU citizenship and Free Movement Rights examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for in relation to family reunification, social rights, expulsion and discusses the effects of Brexit for EU citizens.

Exceptions from EU Free Movement Law

Author: Panos Koutrakos

Publisher: Bloomsbury Publishing

Published: 2016-12-15

Total Pages: 350

ISBN-13: 1509900357

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This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality; – to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.

Book Synopsis Exceptions from EU Free Movement Law by : Panos Koutrakos

Download or read book Exceptions from EU Free Movement Law written by Panos Koutrakos and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality; – to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.