StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Free movement of person in EU law - Essay Example

Comments (0) Cite this document
Summary
Every country has thier definite law to which citizen must have to abide thier rules and regulations, obligations to govern with the society and to control the behavior of its member. This is to maintain peace and order and achieve a stable economy and society like in European countries…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.9% of users find it useful
Free movement of person in EU law
Read TextPreview

Extract of sample "Free movement of person in EU law"

Download file to see previous pages The European Union headquarters is in Brussels, Belgium.
European Union law is the unique legal system which operates alongside the laws of Member States and overrides national law in many areas especially in terms of economic and social policy . EU is not a federal government, nor it is intergovernmental organization.
The European Union (EU) was established in 1993 by the 12 nations of the European Community. The EU works toward better political and economic integration and cooperation between member nations. Austria, Finland, and Sweden joined the EU in 1994 (Encarta,2003).
The European Union was formally established on November 1, 1993. It is the most recent in a series of European cooperative organizations that originated with the European Coal and Steel Community (ECSC) of 1951, which became the European Community (EC) in 1967. The members of the EC were Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, the United Kingdom, and Spain. In 1991 the governments of the 12 member states signed the Treaty on European Union (commonly called the Maastricht Treaty), which was then ratified by the national legislatures of all the member countries. The Maastricht Treaty transformed the EC into the EU. In 1994 Austria, Finland, and Sweden joined the EU, bringing the total membership to 15 nations, (Encarta,2003).
The EU has a number ...
With the exception of EMU, which went into effect in 1999, progress toward these goals has been erratic. The EU's ability to achieve its goals has been limited by disagreements among member states, external political and economic problems, and pressure for membership from the new democracies of Eastern Europe,(Encarta,2003)..
EU Law is composed of three pillar structure based on different treaty namely:
1. Treaty of the European Communities signed in Rome 1957 deals with the law concerning social rights and economic foundations of the single market. It is considered as the oldest and the most important pillars where European Community (EC) law originated.
2. Treaty of European Union (The Maastricht Treaty,1992) which involve Common Foreign and Security Policy (CFSP) and;
3. Police and Judicial Co-operation in Criminal Matters (formerly 'Justice and Home Affairs')
That European Community (EC) Law represents the firts pillar of EU Law.
Community Law is the law of the member states of the European Union (EU), as adopted by the Union's Council of Ministers. The European Court of Justice interprets and applies EU law. Community law forms part of the law of states and prevails over national law (Encarta, 2003).
In July 1967 the three organizations (the EEC, the ECSC, and Euratom) fully merged as the European Community (EC). The basic economic features of the EEC treaty were gradually implemented, and in 1968 all tariffs between member states were eliminated. No progress was made on enlargement of the EC or on any other new proposals, however, until after De Gaulle resigned as president of France in May 1969. The next French president, Georges Pompidou, was more open to new ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Free movement of person in EU law Essay Example | Topics and Well Written Essays - 5000 words”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1508020-free-movement-of-person-in-eu-law
(Free Movement of Person in EU Law Essay Example | Topics and Well Written Essays - 5000 Words)
https://studentshare.org/miscellaneous/1508020-free-movement-of-person-in-eu-law.
“Free Movement of Person in EU Law Essay Example | Topics and Well Written Essays - 5000 Words”, n.d. https://studentshare.org/miscellaneous/1508020-free-movement-of-person-in-eu-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Free movement of person in EU law

Substantive EU Law-Free Movement of Goods and Parallel Imports

.... And Wiessala, G. 1991. The European Union: The Annual Review 1999/2000. John Wiley & Sons. Dedman, M. 2010. The origins and development of the European Union 1945-2008: a history of European integration. Taylor & Francis. Andenas, M. and Roth, W. 2002. Services and free movement in EU law. Oxford University Press. Lelieveldt, H. And Princen, S. 2011. The Politics of the European Union. Cambridge University Press.... As a result, EU states will not impose any trade restriction on member states in relation to imports and exports of goods (Dedman 2010). Even after fifty years, the objectives of EU have not been achieved. The free movement of goods within the EU...
7 Pages(1750 words)Essay

Free Movement of Person

...? Free Movement of Persons Table of Contents Question Explain whether the German ities can, as a matter of EU law, refuse Nic and Igor entryinto Germany 3 Question 2: Consider whether Natalie may rely on the TFEU and case law of the ECJ to challenge the restrictions 7 References 11 Question 1: Explain whether the German authorities can, as a matter of EU law, refuse Nic and Igor entry into Germany Nic is Bulgarian and a physiotherapist. He tries to enter into Germany on the strength of his conviction that he is to find work there as a physiotherapist owing to the shortage of professionals in that line of work in the latter country. He is going into Germany as a person seeking work. The Germans have two objections. One is that Nic...
8 Pages(2000 words)Essay

EU LAW /Free Movement of Goods

... of IPR protection a holder is entitled to as a reward for dedication of his resources and efforts towards development of his product with quality. Internal market Article 14 of the EC treaty seeks to create an Internal Market without internal borders so as to facilitate free movement of goods, persons, service and capital known as “four freedoms:. The European Court of Justice (ECJ) has been consistently nullifying all national laws and practices of member states that militate against the said four freedoms ever since the Dassonvile decision in which the ECJ has stated that laws of the member states that hinder free movement of goods are to be treated as imposing restrictions (quantitative). 1. This is contrary to article 28 (ex article 32...
8 Pages(2000 words)Assignment

Free Movement Of Person in EU ( EU LAW )

... available to the nationals of third countries as envisaged by the Treaty establishing European Community. It is the fundamental right of any one who is legally present in a State to move within the State and the right of residence in that State is but a logical extension of right of movement. The issue sought to be reviewed in this paper is whether the current liberal trend of right of freedom of movement can be reversed in the near future. Background The EU law on free movement of persons and allied rights which had been scattered on the various treaty provisions, secondary legislations was only recently consolidated into one Act. The European Court of Justice (ECJ) had always felt that rules regarding the free movement of persons...
20 Pages(5000 words)Essay

Free Movement of Labour in the EU

... of the Future Membership of Poland in the European Union. CPCFPU Occasional Paper No. 45. Online at. Guild, E. (1999) `The Europe Agreement: the right of establishment in the Central and Eastern European agreements, in Guild, E. (ed.) The Legal Framework and Social Consequences of Free Movement of Persons in the European Union. The Hague: Kluwer Law International, 127-38. Jileva, E. (2002) `Larger than the European Union: the emerging EU migration regime and enlargement, in Lavenex, S. and Ucarer, E. (eds) Externalities of Integration: The Wider Impact of the EUs Migration Regime. Lexington, MA: Lexington Books, 75-91. Koslowski, R. (2004) `European Union migration regimes: emerging, enlarging, and deteriorating, Journal of Ethnic...
12 Pages(3000 words)Coursework

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Can One Person Make a Difference in an Organization

Each individual has something to contribute but at times one person can make a difference to an organization.
Technology today has made it possible to retain and conserve knowledge and transmit it to other people in an organization. The knowledge that has been created by a single individual can be a powerful weapon when retained, transmitted, disseminated and applied. According to Nonaka, new knowledge begins with an individual (Chaston, Badger & Sadler-Smith, 1999). When the new knowledge is generated it is merged with the existing knowledge and new knowledge from other sources and provides the basis for new products and processes. Thus knowledge has been classified into two categories – explicit and tacit. Explici...
6 Pages(1500 words)Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages(1500 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

Christian Identity Movement

verted to this religion believe that finally they have found their true identity by discovering that they are the descendants of the tribes of “white” Israel that were lost (Quarles 2004, p.7).
When any group of people say that they are superior to others on the basis of the race they belong to and also inculcate the belief that they are the only chosen people of God and not the people from other ethnic background, then one can very well say that that group or the organization is practicing racial beliefs. People who follow the Christian Identity believe that the people from Caucasian ethnic background are true Israelites and hence they are the only people from the God’s family (Quarles 2004, p.9). The teach...
6 Pages(1500 words)Coursework

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

Free Cash Flows Theory

These are not hard and fast rules in determining the capital structure which should best affect a firms value. These theories lay down the benefits and the costs when a firm chooses what it sees as an adequate mix to maximise the shareholders value.

One of the implications where this research can lead include the possibility of the effectiveness in maximising shareholder value by employing two or more theories in capital structure decisions. Because these theories are more conditional by nature, probing which combinations when used for capital structure decisions are more effective in arriving at the goal of maximising firm value can be another subject for further research.
The role of capital structure in increasi...
11 Pages(2750 words)Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages(1500 words)Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Free movement of person in EU law for FREE!

Contact Us