European Court Of Justice and Free Movement of Persons - Essay Example

Comments (0) Cite this document
Summary
The focus of the essay "European Court Of Justice and Free Movement of Persons" is to look at the development of the concept of citizenship since the conception of the Maastricht Treaty.Of particular interest is whether the introduction of Union citizenship provisions added significantly to Community law…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94% of users find it useful
European Court Of Justice and Free Movement of Persons
Read TextPreview

Extract of sample "European Court Of Justice and Free Movement of Persons"

Download file to see previous pages The move from the European Community to that of European Union was reflected in a number of specific EC Treaty provisions, including the enlargement of competence in the fields of education and culture, and of course the launch of the sacred status of citizenship of the Union2. The Treaty on European Union (here after referred to as TEU or Treaty of Maastricht) has introduced for the first time a systematic concept of citizenship in the Community ambit through Articles 17 to 22 (renumbered after the Treaty of Amsterdam). Article 17 states that Citizenship of the Union is hereby established and that every citizen holding the nationality of the Member State shall be a citizen of the Union. Following the Amsterdam amendment citizenship of the Union shall complement and not replace national citizenship. The rights and obligations emanating from the citizenship of the EU are then specified in the following articles 18-22/ ex-art. 8a-8e. They include the right to free movement and residence (art.18), active and passive electoral rights in the municipal elections and elections into the European Parliament (art. 19), right for diplomatic protection (art. 20), petition rights to the European Parliament and right to refer matters to Ombudsman (Art. 21). The actual TEU provisions are contained in a new Part Two of the EC Treaty devoted solely to this topic. However, it is the right of free movement and the right of residence which, as they have been right through the debate on European citizenship, form the foundations of Union citizenship. ...
Article 17 states that Citizenship of the Union is hereby established and that every citizen holding the nationality of the Member State shall be a citizen of the Union. Following the Amsterdam amendment citizenship of the Union shall complement and not replace national citizenship. The rights and obligations emanating from the citizenship of the EU are then specified in the following articles 18-22/ ex-art. 8a-8e. They include the right to free movement and residence (art.18), active and passive electoral rights in the municipal elections and elections into the European Parliament (art. 19), right for diplomatic protection (art. 20), petition rights to the European Parliament and right to refer matters to Ombudsman (Art. 21). The actual TEU provisions are contained in a new Part Two of the EC Treaty devoted solely to this topic. However, it is the right of free movement and the right of residence which, as they have been right through the debate on European citizenship, form the foundations of Union citizenship. 2
Article 18 EC provides for freedom of movement and residence within the territory of the Member States. Ivo Shlosark refers to the Maastricht Treaty introducing the concept of citizenship into community law as something of a new phenomenon3. Despite the introduction of formal provisions on citizenship the concept itself was hardly a policy innovation of the Treaty of Maastricht4. The concept of citizenship itself was considered from a very early stage in the development of the Communities. Indeed, since the Treaties of Rome (1957) the Community has legislated fundamental rights and provisions inherent in freedom of movement. Historical steps on the way to European citizenship include the Tindemans Report (1975)5, the introduction of direct Parliamentary ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“European Court Of Justice and Free Movement of Persons Essay”, n.d.)
European Court Of Justice and Free Movement of Persons Essay. Retrieved from https://studentshare.org/politics/1532608-european-court-of-justice-and-free-movement-of-persons
(European Court Of Justice and Free Movement of Persons Essay)
European Court Of Justice and Free Movement of Persons Essay. https://studentshare.org/politics/1532608-european-court-of-justice-and-free-movement-of-persons.
“European Court Of Justice and Free Movement of Persons Essay”, n.d. https://studentshare.org/politics/1532608-european-court-of-justice-and-free-movement-of-persons.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF European Court Of Justice and Free Movement of Persons

European Court of Justice on the Free Movement of Workers

...? European Court of Justice on the Free Movement of Workers Art. 451 of the Treaty on the Functioning of the European Union, (under the then Art. 39 of the E.C.), confers upon every person who is a national of the member states, the right to free movement within Europe for the purpose of employment. This essay is a critical evaluation how the implementation of this legislation and the jurisprudence of the Court of Justice of the European Union has been directed at securing the departure of workers from their state of origin and their...
8 Pages(2000 words)Essay

European court of justice on the free movement of workers

...1612/68 of the Council which forbids specifies the types of discrimination that must be avoided8 Other supporting regulations like the Directive 68/360 supports the easy entry of EU nationals into other nations in the Union. European Court of Justice cases have helped to outline major terms in the Laws relating to free movement like 'worker' and 'equal treatment'. This have laid precedence on the core definitions and application of the laws on the Free Movement of Persons in the European Union. Introduction The Free Movement of Persons...
9 Pages(2250 words)Essay

To what extent does the European Union policy of free movement of persons discriminates against the non European 'others'

...? This proposal forms the basis for the subsequent mini dissertation on what the EU’s (European Union) policy of free movement of persons discriminate against the non European “others”? The EU is known to be hostile towards immigrants and since the member states of the EU permit free movement of persons within the union through the Schengen arrangement, immigrant refers to the “extra communitarian” movement of people i.e. non-EU citizens1. It is indeed ironical that the EU allows movement of people freely within its member states but takes a harsh approach towards...
5 Pages(1250 words)Essay

Free Movement of Person

...is a Bulgarian national. The other is that he has not been accepted to any job in Germany at the time of his attempt at entry. There are two sets of laws applicable here, both relating to freedom of movement of persons within the European Union. One relates to the rights of workers, and corollary to that, on the issue of whether a job applicant such as Nic has the right to enter Germany and be treated as a worker under the law. The other has to do with whether citizenship in a country that is either a member of non-member of the EU grants certain rights of abode and entry into other member states of the EU (Bamford et al. 2012, pp. 6-39). First Article 45 of the TFEU states that “workers...
8 Pages(2000 words)Essay

JUDICIAL ACTIVISM BY EUROPEAN COURT OF JUSTICE

...? JUDICIAL ACTIVISM BY EUROPEAN COURT OF JUSTICE . Introduction The European Community Courts have played a decisive role in the integration process of the European Union. The European Court of Justice (ECJ) has especially assumed key role by constantly pursuing legal assimilation in the EU by offering flesh and substance to an outline Treaty, thereby plugging in loopholes in the European laws, and improving the effective implementation of Community law in the provinces of the member states1. In case of ambiguities in the text of the Treaties, ECJ has to employ its creative talents so as to accomplish an acceptable elucidation and application of Community law. ECJ has filled in the gaps and removed the imprecision in the provinces... status...
8 Pages(2000 words)Essay

European Union and Free Movement of Labour

...the expansion of the EU towards the east will create immigration to the EU member states, it will not lead to significant numbers of immigrants from the new states. A study conducted by the European Integration Consortium at the request of the Employment and Social Affairs Directorate General of the European Commission on the impact of eastern enlargement on employment and wages in the EU concludes that one should not fear massive immigration. According to the study, the number of foreign residents from the CEE countries in the EU would increase annually by around 335,000 immediately after the introduction of free movement of persons. The issue of...
10 Pages(2500 words)Essay

European Court of Justice

...presented a famous verdict among European lawyers. It was the case of Angonese14 which in fact acknowledged horizontal direct impact of community law amid private individuals in the area of free movement of employees. The ECJ consequently adjudged that a person applying for a job can file a suit against a private bank in the national court on the ground of the inhibition of favoritism in Article 39 of the EC Treaty (Article 39). Some reviewers disagree that this progress of EC law in the area of free movement of employees could have noteworthy control on private legal kinships while Article 39 at present obviously is...
10 Pages(2500 words)Essay

EU law (European Court of Justice)

...I will advise James and Neil that they both have a remedy under European law specifically under the Greyhounds Directive 2005 the Directive to claim for damages and compensation against the British government. The primary issue in the given problem is whether the Directive has a direct vertical effect such that James and Neil can claim rights under it against the State. In the landmark case decided by the European Court of Justice,1 the ECJ stated that EC law "has direct application within the territory of a Member State", or in other words, "nationals of such a state can, on the basis of the Article in question, lay claim to individual rights which the...
8 Pages(2000 words)Case Study

FREE MOVEMENT OF PERSONS IN EU LOW

...Loos.4 The revolutionizing case established the following conditions for the direct effect of EC Law in the national courts of states: 'clear, negative, unconditional, containing no reservation on the part of the Member State, and not dependent on any national implementing measure.' To establish the extent of their part in providing the avenues through which individuals can enforce laws in their own national courts, each case will be analyzed to determine the background to the case and what the significance of the European Court of Justice's (ECJ) ruling was. In Defrenne, the individual acted against a condition in her contract of employment that...
5 Pages(1250 words)Essay

European Law - Free Movement of Goods

...state that regulations tend to lower a nation’s GNP, because they inhibit trade with other countries. “To create the internal market, it is required to remove internal barriers to allow goods(as well as persons, services and capital) to move freely within the Community4”. In terms of application of this concept to the French legislation, however, the issue is problematic. Problems arise in community provisions to the free movement of goods because of the ongoing tension between protectionism and free trade, which Fragrantia needs to be aware of. On one hand, protectionism is a national issue that seeks to shelter a nation’s resources from international competition...
4 Pages(1000 words)Essay
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 European Court Of Justice and Free Movement of Persons for FREE!

Contact Us