The EU Integration Process and the Right to Free Movement, Residence and Equal Treatment for Union Citizens

2018 ◽  
pp. 103-121
Author(s):  
Karin Fløistad
Keyword(s):  
Free Movement ◽  
Equal Treatment ◽  
Integration Process ◽  
Eu Integration ◽  
The Right ◽  
The Eu

Provisions Common to the Right of Residence and the Right of Permanent Residence

2019 ◽  
pp. 229-252
Author(s):  
Elspeth Guild ◽  
Steve Peers ◽  
Jonathan Tomkin
Keyword(s):  
Economic Activity ◽  
Family Members ◽  
Free Movement ◽  
Equal Treatment ◽  
Permanent Residence ◽  
The Status ◽  
Free Movement Of Workers ◽  
The Right ◽  
Treatment Rules ◽  
The Eu

This chapter addresses Chapter V of the citizens’ Directive, which sets out a number of overarching provisions that apply both to the right of residence and the right of permanent residence. The Articles in Chapter V define the territorial scope of residence rights (Article 22) and confirm the entitlement of family members of EU citizens who move within the EU to engage in economic activity (Article 23). Further provisions elaborate on the application of the principle of equal treatment to migrant Union citizens and their family members (Article 24) and clarify the status of residence documents issued by national authorities (Article 25). Chapter V also regulates the entitlement of Member States to carry out checks on non-nationals (Article 26). Chief among these provisions is the principle of equality, which also overlaps with equal treatment rules in legislation governing the free movement of workers and the Treaty rules on equal treatment in relation to EU citizenship.

scholarly journals The Right of Free Movement and the Access To Social Protection in the EU: The Economical Dimension. Notes on the Case Elisabeta Dano v Jobcenter Leipzig, C-333/13

2015 ◽  
Vol 1 ◽  
pp. 110-120
Author(s):  
Daniela Guimarães
Keyword(s):  
Social Protection ◽  
Free Movement ◽  
Equal Treatment ◽  
Social Benefits ◽  
Member States ◽  
Court Of Justice ◽  
Assistance Systems ◽  
The Right ◽  
The Impact ◽  
The Eu

This article seeks to analyse the impact of the Court of Justice of the European Union’s (CJEU) decision in the Dano judgement concerning the free movement of EU citizens and their cross-border access to social benefits. The debate about social tourism or welfare migration has been acrimonious in the last years. The Member States face new challenges concerning the possibility of excluding economically inactive European Union (EU) citizens from other Member States from special non-contributory social benefits. However, if on one hand we have the need to protect the financial sustainability of the Member States, as non-active EU citizens from other Member States can represent a burden on their social assistance systems, on the other hand, we also need to respect one of the EU’s most basilar principles: the prohibition of discrimination on grounds of nationality. The CJEU has decided that the economically nonactive citizens of other Member States can only claim equal treatment in regard to access to social benefits, when they have a right of residence under Directive 2004/38 in the host Member State.

Bariery w przepływie pracowników na rynku wewnętrznym – stary problem w nowych odsłonach

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 39-54
Author(s):  
Robert Grzeszczak
Keyword(s):  
Equal Treatment ◽  
The European Union ◽  
Integration Process ◽  
Labour Law ◽  
Member States ◽  
Political Criticism ◽  
Eu Policies ◽  
The Will ◽  
Free Movement Of Persons ◽  
The Eu

The issue of re-nationalization (disintegration and fragmentation) of integration process is manifested by the will of some of the Member States to verify their relations with the European Union. In the age of an economic crisis of the EU and in relation to the large migration of the population, there has emerged strong social and political criticism, on the European level, of the integration process, with some Member States even consideringtheir withdrawal from the EU. In those States, demands forextending the Member States’ competences in the field of some EU policies are becoming more and more popular. The legal effects of the above-mentioned processes are visible in the free movements of the internal market, mainly within the free movement of persons. Therefore, there are problems, such as increased social dumping process, the need to retain the output of the European labour law, the issue of the so-called social tourism, erosion of the meaning of the EU citizenship and the principle of equal treatment.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

scholarly journals "When you marry a Serb, then you do not have any problems". Foreigners in Serbia - introduction to anthropological analysis

Stanovnistvo ◽  
2016 ◽  
Vol 54 (2) ◽  
pp. 105-125
Author(s):  
Marija Brujic
Keyword(s):  
Life Histories ◽  
Highly Qualified ◽  
Integration Policy ◽  
Integration Process ◽  
Structured Interviews ◽  
German Woman ◽  
Irregular Migrants ◽  
Eu Integration ◽  
Individual Strategies ◽  
The Eu

Although according to some scholars, Serbia does not have great immigration potential, there is more and more research within social science?s framework about immigrants in Serbia. However, the majority of these papers focus on current ?migration crisis? and, in relation to this, asylum seekers and irregular migrants. Therefore, this paper has had manifold aims. Firstly, the paper has drawn attention to the anthropological study of foreigners who live and work in Serbia. Secondly, it has revealed some of the problems they had been confronted with in reality. Within this framework, the focus was on highly qualified female foreigners from the EU countries who came for love or/and work which is a topic that does not occupy a prominent place in anthropological research in Serbia. However, with regard to the EU-integration of Serbia and Europeanization of migratory policies, the research of personal experiences of foreigners living in Serbia could signify the gaps in migrants? integration policy and in the adaptation of migration strategies. Thus, in this research were used in-depth semi-structured interviews conducted in 2016 in Belgrade as a method of collecting data and the ?bottom-up? approach. As a result, in this paper were analyzed narratives of a German and a British woman about their everyday experiences connected with their residing and working status. Their narratives showed their struggle with Serbian bureaucracy and related to this, how they legalized their ?migratory status?. Furthermore, in the analysis of the micro context the term ?ethnography of particular? was used, an approach developed by Lila Abu-Lughod in order to, one the one hand, avoid generalization and, on the other, to focus on individual life histories, which is an approach usually used in socio-anthropological studies. In particular, the paper stresses the relevance of individual strategies used for regulation of residence of foreigners in Serbia. Both British and German woman are married to Serbs, have no children, speak The Serbian language, socialize mainly with the Serbs and live and work in Belgrade. While German woman came during Milosevic?s regime in 1999, the British woman came in 2002. Although they did not suffer from ?professional deskilling?, which is typical for female migration in general, they both had to prequalify in order to find a job in Serbia. However, they both found it was easier to regulate their residence status through family, not working, visa, especially before new legal documents concerning foreigners? status were introduced. For instance, the most important legal document adopted as part of EU-integration process are Law on Foreigners (2008), Law on Migration Management (2012) and Law on Employment and Work of Foreign Citizens (2014). Foreigners living in Serbia represent the important group as many of them either work or use their pensions in Serbia. Therefore, having in mind the importance of Europeanization of migratory strategies in Serbia within Europeanization of Serbia and EU-integration process in general and possible migration of EU nationals to Serbia, this paper discussed the importance of individual (working) migration to Serbia on a micro level.

The Environmental Challenges of EU Enlargement

2014 ◽  
Vol 11 (1) ◽  
pp. 49-68
Author(s):  
Aleksandra Čavoški
Keyword(s):  
Eu Enlargement ◽  
Integration Process ◽  
Western Balkans ◽  
Policy Area ◽  
Institutional Economic ◽  
Eu Integration ◽  
Weakest Link ◽  
Accession Countries ◽  
The Eu

Although the implementation of the acquis is a crucial element of the EU integration process, it is recognised as its ‘weakest link’. The implementation deficit is especially apparent with the EU environmental acquis, both in the existing member states and the accession countries. Most recently, following the accession of Croatia, the EU faces prospective enlargement to other Western Balkans countries. The author argues that there are specific problems in implementing the environmental acquis in accession countries and that the case of Serbia, or other countries of the Western Balkans, is not particularly unique. The case study used to support this argument is the implementation of the waste acquis in Serbia as it represents a highly demanding and costly policy area for national authorities and the country faces extensive legal, institutional, economic and financial challenges in implementing the environmental acquis.

Free Movement and Discrimination: Evidence from Europe, the United States, and Canada

2013 ◽  
Vol 15 (1) ◽  
pp. 91-110 ◽  
Author(s):  
Willem Maas
Keyword(s):  
United States ◽  
European Union ◽  
International Migration ◽  
Mutual Recognition ◽  
The United States ◽  
Free Movement ◽  
The European Union ◽  
Good Test ◽  
The Right ◽  
The Eu

Abstract This article surveys some general lessons to be drawn from the tension between the promise of citizenship to deliver equality and the particularistic drive to maintain diversity. Democratic states tend to guarantee free movement within their territory to all citizens, as a core right of citizenship. Similarly, the European Union guarantees (as the core right of EU citizenship) the right to live and the right to work anywhere within EU territory to EU citizens and members of their families. Such rights reflect the project of equality and undifferentiated individual rights for all who have the status of citizen. But they are not uncontested. Within the EU, several member states propose to reintroduce border controls and to restrict access for EU citizens who claim social assistance. Similar tensions and attempts to discourage freedom of movement also exist in other political systems, and the article gives examples from the United States and Canada. Within democratic states, particularly federal ones and others where decentralized jurisdictions are responsible for social welfare provision, it thus appears that some citizens can be more equal than others. Principles such as benefit portability, prohibition of residence requirements for access to programs or rights, and mutual recognition of qualifications and credentials facilitate the free flow of people within states and reflect the attempt to eliminate internal borders. Within the growing field of migration studies, most research focuses on international migration, movement between states, involving international borders. But migration across jurisdictional boundaries within states is at least as important as international migration. Within the European Union, free movement often means changing residence across jurisdictional boundaries within a political system with a common citizenship, even though EU citizenship is not traditional national citizenship. The EU is thus a good test of the tension between the equality promised by common citizenship and the diversity institutionalized by borders.

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