Workers, establishment, and services in the European Union

Law of Europe > Regional organization and integration (Europe) > The European Communities. Community law > Organization law. Constitution of the European Communities > Individual and Communities > Nationality and citizenship. Nationalité. Staatsangehörigkeit > General > General > General > Free movement of workers. Libre circulation des travailleurs. Freizügigkeit der Arbeitnehmer > KJE5174

Edition Details

Creator or Attribution (Responsibility): Robin C. A. White
Biografical Information: Robin C. A. White is Professor of Law at the University of Leicester. He is a solicitor and sits as a Deputy Social Security Commissioner.
Language: English
Publication Information: Oxford ; New York : Oxford University Press, 2004
Material: Internet resource
Type: Book, Internet Resource
Series title: Oxford EC law library.
Permalink: http://books.lawlegal.eu/workers-establishment-and-services-in-the-european-union/ (Stable identifier)

Short Description

Lxiv, 285 pages ; 24 cm.

Purpose and Intended Audience

Useful for students learning an area of law, Workers, establishment, and services in the European Union is also useful for lawyers seeking to apply the law to issues arising in practice.

Research References

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Bibliographic information

Publisher: Oxford University Press
Responsable Person: Robin C.A. White.
Number of Editions: 13 editions
First edition Date: 2004
Last edition Date: 2004
Languages: English
Library of Congress Code: KJE5174
ISBN: 0198267762 9780198267768
OCLC: 55729917

Main Contents

Setting the scene
Entitlement
The prohibition of discrimination
Recognition of qualifications
Exceptions
Remedies
Citizenship of the European Union
Benefits for movers
Social security and pensions
Prohibiting obstacles to free movement
Services and goods
Case study : lawyers
Case study : insurance services
Distinguishing personal rights from business regulation.

Summary Note

This book examines the law relating to the free movement of persons and services. It offers a modern exposition of the law in the context of the convergence of the case law on goods, persons and services, and the emerging case law on the rights which flow from citizenship of the European Union.

Contents
Tables XIII
Abbreviations XV
Part 1Introduction
1.Setting the scene 1
The context 1
Free movement of persons 5
Title IV of the EC Treaty 6
The Schengen Arrangements 8
The European Economic Area Agreement 10
The position of Switzerland 11
Other association agreements 12
Enlargement 18
Comment 20
Part 2The general part
2.Entitlement 23
Introduction 23
Territorial scope 23
Personal scope 28
Material scope 32
Using Community rules against the Member State of nationality 42
Third country nationals 46
Concluding comment 48
3.The prohibition of discrimination 49
Introduction 49
The prohibition of discrimination on grounds of nationality 50
Objective justification 57
Reverse discrimination 58
The limitations of national treatment 58
Nondiscriminatory obstacles 59
4.Recognition of qualifications 61
Introduction 61
Regulation 161268 62
Sectoral directives 64
Moving to a horizontal approach 65
The first general system directive 66
The second general system directive 71
The third general system directive 72
Case law entitlements 74
Concluding comment 77
5.Exceptions 78
Introduction 78
Employment in the public service 79
The exercise of official authority 85
Compatibility of the exceptions with citizenship of the European Union 86
Exceptions justified on grounds of public policy, public security and public health 87
Procedural safeguards 93
Concluding comment 101
6.Remedies 102
Introduction 102
The requirement for reasoned decisions 102
Enforcing Community law before national courts 103
Preliminary rulings 112
Enforcing Community law at Community level 114
A strategy for enforcing Community rights 117
Part 3Personal rights
7.Citizenship of the European Union 121
Background 121
Treatybased rights 122
The Charter of Fundamental Rights of the European Union 128
The case law 130
Concluding remarks 136
8.Benefits for movers 138
Introduction 138
Departure, entry and residence 139
The right to remain 146
Directive 2004##EC 147
Equality of treatment with nationals 149
Social and tax advantages 149
Family unity 155
Using Community law to avoid national immigration controls 158
A right to reasoned decisions 161
Concluding remarks 161
9.Social security and pensions 163
Introduction 163
Coordination and harmonization 164
First steps and many developments 166
Which benefits are covered 169
The obligations to coordinate 176
Links with policies on social protection 183
The equal treatment directives 184
Pension issues 186
Concluding remarks 187
Part 4Regulating market access
10.Prohibiting obstacles to free movement
Context 191
Home State versus host State regulation 191
Avoiding dual burdens 192
The notion of nondiscriminatory obstacles 193
The early case law 196
The modern line of cases 198
Preventing or substantially hindering access to the market 204
Twin rules 206
Concluding remarks 208
11.Services and goods 209
The context 209
The development of the law on the free movement of goods 210
Goods and services: similarities and differences 217
Advertising: goods and services 219
People and products are different 221
12.Case study: lawyers 223
Introduction 223
Recognition of qualifications 226
The Services Directive 229
The Establishment Directive 235
The work of the CCBE 236
Conclusion 237
13.Case study: insurance services 238
Background 238
Developing a single market for insurance 238
The first generation directives 240
The second generation directives 241
The third generation directives 245
Taxation and equal treatment 248
Some lingering issues 249
Concluding comment 253
14.Distinguishing personal rights from business regulation 255
Introduction 255
A constitutional right to freedom of movement 255
Fundamental rights 259
Business entities as nationals of the Member State 260
Discrimination versus nondiscriminatory obstacles 261
Controlling the regulators 262
Home State versus host State regulation 264
Final remarks 265
Select bibliography 267
Index 000

Workers, establishment, and services in the European Union

Workers, establishment, and services in the European Union