The European Community’s successes and failures in guaranteeing the
fundamental right to free movement of persons continue to develop against the
backgrounds of domestic civil rights and international human rights
obligations. Although often justified merely in terms of economic efficiency,
non-discriminatory rights and freedoms of movement can be seen as constituting
an essential component of the legal foundation of all European projects, and
as a powerful force in the forging of a new European identity beyond the
traditional nation-state.
The present volume—a revised and updated edition of the important work first
published in 2001—provides a comprehensive, up-to-date overview of European
law on the movement of persons. Its scope encompasses doctrinal basis,
institutional framework, legal compliance, judicial development, and
derogation on such grounds as security and health. The authors, both
well-known experts in the field, comment extensively on matters including
visas, free movement of workers, freedom of establishment for companies in the
context of taxation, posted workers, harmonisation of professional
qualifications, European citizenship, freedom to provide and receive services,
agreements between the European Community and other states concerning free
movement, and the rights of families and individuals to housing and education,
as well as the increasingly important topic of the rights of third country
nationals.
In addition to providing analysis of the relevant provisions of the European
Community Treaty as amended by subsequent treaties including the Treaties of
Amsterdam and Nice, the book takes considerable account of all relevant
secondary legislation and sometimes soft law, for example draft treaties,
resolutions, and draft legislation. All of these perspectives—legislative and
judicial, at domestic, EC and international levels—are here fully updated,
with special attention to the far-reaching implications of the recent
Residence Directive.
In this new edition the authors clearly articulate what has been gained in
recent years, and also consider what obstacles remain and what future
developments might take place in this area of Community law. For these reasons
and others, Free Movement of Persons Within the European Community, Second
Edition, will continue to be of great value to legal practitioners,
officials of the EC and other economic unions, academics, and students as well
as to the wider public interested in the process of European integration.
Acknowledgments. Preface. Abbreviations. Tables. 1. Introduction.
2. Basic Legal Provisions Governing the Free Movement of Persons. 3.
Free Movement of Workers and Related Matters. 4. Freedom of
Establishment. 5. Freedom to Provide and Receive Services. 6.
Derogations and Limitations. 7. European Citizenship. 8. The
Rights of Third Country Nationals in the EC. 9. International
Agreements and Free Movement. Bibliography.
