This book examines the recent political debates around free movement in the EU within the context of respective migration histories across the continent

The right to free movement is the one privilege that EU citizens value the most in the Union, but one that has also created much political controversy in recent years, as the debates preceding the 2016 Brexit referendum aptly illustrate. This book examines how European politicians have justified and criticized free movement from the commencement of the first Commission of the EU-25 in November 2004 to the Brexit referendum in June 2016. The analysis takes into account the discourses of Heads of State, Governments and Ministers of the Interior (or Home Secretaries) of six major European states: the UK, Germany, France, Italy, Spain and Romania. In addition to these national leaders, the speeches of European Commissioners responsible for free movement matters are also considered. The book introduces a new conceptual framework for analysing practical reasoning in political discourses and applies it in the analysis of national free movement debates contextualised in respective migration histories. In addition to results related to political discourses, the study unearths wider problems related to free movement, including the diversified and variegated approaches towards different groups of movers as well as the exclusive attitudes apparent in both discourses and policies. The History and Politics of Free Movement within the European Union is of interest to anyone studying national and European politics and ideologies, contemporary history, migration policies and political argumentation.

Civil, economic, political and social rights are at the centre of the concept of European citizenship. In this volume, the focus is on the political-constitutional dimension of European citizen­ship, which is discussed from the perspective of several disciplines – history, constitutional law and political science. It provides a multi-faceted account of the evolution of European citizenship and its institutionalization, explaining why certain rights came into existence at a certain time and focussing on several key actors involved, such as the European Court of Justice.

The contributors to this volume, all leading specialists in the field of EU studies, examine the trajectory of the EU and draw on the theoretical tools of historical institutionalism to assess the central political challenges facing the EU.

The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

This book explores the extent to which European Community law confers upon individuals the right to gain access to public services in other Member States. Are European citizens and third country nationals who have moved to other Member States entitled to claim minimum subsistence benefits,to receive medical care or to be admitted to education? Does Community law provide for a freedom of movement for patients, students and persons in need of social welfare benefits? If so, to what extent does Community law have regard for the Member States' fears for, and concerns about, welfare tourism? Besides addressing numerous detailed questions on the precise degree to which Community law allows for cross-border access to public services, the author analyses how Community law, and the Court of Justice in particular, have sought to reconcile the Community's objectives of realising freedom of movement and ensuring equality of treatment with the need to develop and maintain adequate social services within the Community. In addition, the book contains a detailed analysis of United States constitutional law on cross-border access to public services, exploring the question whether the European Community can possibly learn from the American experience.

International financial relations have become increasingly important for the development of global and national economies. At present these relations are primarily governed by market forces, with little regulatory interference at the international level. In the light of numerous financial crises, this abstinence must be seriously questioned. Starting with an analysis of the regulatory problems at the international level, with only minimal powers entrusted to international organisations, this book develops various possibilities for reform. On the basis of an historical analysis, the book first adopts a comparative approach to national attempts to regulate international financial markets, then outlines the potential of relevant institutions and finally develops a policy perspective. It seeks to provide a framework for analysing options for the regulation of international financial markets from a public international law and comparative law perspective.

Democratic states guarantee free movement within their territory to all citizens, as a core right of citizenship. Similarly, the European Union guarantees EU citizens and members of their families the right to live and the right to work anywhere within EU territory. Such rights reflect the project of equality and undifferentiated individual rights for all who have the status of citizen, but they are not uncontested. Despite citizenship's promise of equality, barriers, incentives, and disincentives to free movement make some citizens more equal than others. This book challenges the normal way of thinking about freedom of movement by identifying the tensions between the formal ideals that governments, laws, and constitutions expound and actual practices, which fall short. "Individual states and the European Union have either created or permitted the creation of direct and indirect barriers to mobility that undermine the promise of freedom of movement. The volume identifies these barriers, explains why they have arisen, discusses why they are difficult to remove, and explores their consequences." -- Joseph Carens, University of Toronto.

Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Seminar paper from the year 2018 in the subject Politics - International Politics - Topic: European Union, grade: 1,0, Åbo Akademi University, language: English, abstract: This paper gives answers to the role of the four fundamental freedoms in the EU (free movement of persons, goods, services and capital), their shaping factors and importance throughout history until today. In the first step, the fundamental freedoms are characterized and distinguished. Afterwards, a detailed look at their history is taken and their most important milestones discussed. Furthermore, their development is traced. Subsequently, two exemplary recent events, the British exit out of the European Union and the European refugee crisis, are examined. On their basis, the importance of the four fundamental freedoms today, is discussed. Special attention is paid on the free movement of persons, as this appears to be the one which has arisen the most displease. In connection to this, possible implications are weighted and the actual discontent of the free movement of persons questioned.