The Impact of Union Citizenship on the EU's Market Freedoms

The Impact of Union Citizenship on the EU's Market Freedoms
Title The Impact of Union Citizenship on the EU's Market Freedoms PDF eBook
Author Alina Tryfonidou
Publisher Bloomsbury Publishing
Pages 285
Release 2016-02-25
Genre Law
ISBN 1509904417

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The book's aim is to consider the impact that the introduction and development of the status of Union citizenship has had on the interpretation of the EU's market freedoms. Starting by providing, in its introductory part (part one), a comprehensive and up-to-date analysis of the status of Union citizenship and its development from 1998 onwards, the book proceeds in part two to provide an in-depth examination of the relationship between this status and the Union's market freedoms. The central argument of the book is that, as a result of the move towards the creation of a meaningful status of Union citizenship, the market freedoms have been reconceptualised as fundamental, Union citizenship, rights and their interpretation has adapted accordingly. Part three of the book analyses the result of this process of transforming the market freedoms into sources of fundamental, Union citizenship, rights and considers where it is likely to lead in the future. It demonstrates that, despite the fact that this development appears to be the next natural step in the process of constructing a meaningful notion of Union citizenship, it brings with it a number of issues that the EU will have to consider and carefully address. In particular, the method which the Court seems, up until now, to have employed to facilitate the metamorphosis of the market freedoms into citizenship rights, has led to criticisms on the grounds of legitimacy and coherence and will, undoubtedly, lead to further problems in the future. Hence part three of the book also identifies the difficulties that may emerge as a result of this process and suggests ways in which they may be overcome.

EU Citizenship at the Edges of Freedom of Movement

EU Citizenship at the Edges of Freedom of Movement
Title EU Citizenship at the Edges of Freedom of Movement PDF eBook
Author Katarina Hyltén-Cavallius
Publisher Bloomsbury Publishing
Pages 248
Release 2020-11-26
Genre Law
ISBN 1509937277

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This book critically analyses the case law on EU citizenship in relation to its personal free movement rights, its status on the primary law level, and EU fundamental rights protection. The book exposes the legal space where EU citizenship variably loses or gains legal relevance, and questions how this space can be overcome. Through a thorough analysis of the core personal free movement rights of residence, family reunification, equal treatment and equal political participation, the book demonstrates how the development of the case law of the Court of Justice of the European Union has generated a two-tiered legal concept of EU citizenship. Depending on the nature of the legal claim at hand, EU citizenship may appear as a poor legal personhood for exercising free movement rights; sometimes pushing the individual who is in a factual cross-border situation out of the scope of Union law. Contrastingly, in other strands of the jurisprudence, we see EU citizenship and its primary law levelled-rights stretch the jurisdictional scope of Union law, triggering the EU's Charter of Fundamental Rights for review of the individual case. The book enhances the understanding of the legal concept of EU citizenship in Union law and contributes to the debate on the future development of EU citizenship, its relationship to the Charter, and the strength of its legal position for the person who exercises freedom of movement.

EU Citizens’ Economic Rights in Action

EU Citizens’ Economic Rights in Action
Title EU Citizens’ Economic Rights in Action PDF eBook
Author Sybe de Vries
Publisher Edward Elgar Publishing
Pages 303
Release 2018-10-26
Genre Law
ISBN 1788113462

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Ever since its inception, one of the essential tasks of the EU has been to establish the internal market. Despite the impressive body of case law and legislation regarding the internal market, legal and factual barriers still exist for citizens seeking to exercise their full rights under EU law. This book analyses these barriers and proposes ways in which they may be overcome. Next to analysing the key barriers to exercising economic rights more generally, this book focuses on three areas which represent the applications of the four basic freedoms: consumer rights, the rights of professionals in gaining access to the market, and intellectual property rights in the Digital Single Market. With chapters from leading researchers, the main pathways towards the reduction and removal of these barriers are considered. Taking into account important factors including the global financial crisis, as well as practical barriers, such as multilingualism, the solutions provided in this book present a pathway to enhance cross-border realization of European citizens? access to their economic rights, as well as increasing in the cultural richness of the EU. EU Citizens? Economic Rights in Actionis an important book, which will be an essential resource for students of EU citizenship and economics, as well as for EU policymakers and practitioners interested in the field.

Impact of Union Citizenship on the EU's Market Freedoms

Impact of Union Citizenship on the EU's Market Freedoms
Title Impact of Union Citizenship on the EU's Market Freedoms PDF eBook
Author Alina Tryfonidou
Publisher Bloomsbury Publishing
Pages 288
Release 2016-02-25
Genre Law
ISBN 1509904409

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The book's aim is to consider the impact that the introduction and development of the status of Union citizenship has had on the interpretation of the EU's market freedoms. Starting by providing, in its introductory part (part one), a comprehensive and up-to-date analysis of the status of Union citizenship and its development from 1998 onwards, the book proceeds in part two to provide an in-depth examination of the relationship between this status and the Union's market freedoms. The central argument of the book is that, as a result of the move towards the creation of a meaningful status of Union citizenship, the market freedoms have been reconceptualised as fundamental, Union citizenship, rights and their interpretation has adapted accordingly. Part three of the book analyses the result of this process of transforming the market freedoms into sources of fundamental, Union citizenship, rights and considers where it is likely to lead in the future. It demonstrates that, despite the fact that this development appears to be the next natural step in the process of constructing a meaningful notion of Union citizenship, it brings with it a number of issues that the EU will have to consider and carefully address. In particular, the method which the Court seems, up until now, to have employed to facilitate the metamorphosis of the market freedoms into citizenship rights, has led to criticisms on the grounds of legitimacy and coherence and will, undoubtedly, lead to further problems in the future. Hence part three of the book also identifies the difficulties that may emerge as a result of this process and suggests ways in which they may be overcome.

EU Citizenship and Direct Taxation

EU Citizenship and Direct Taxation
Title EU Citizenship and Direct Taxation PDF eBook
Author Erik Ros
Publisher Kluwer Law International B.V.
Pages 424
Release 2016-04-24
Genre Law
ISBN 9041185852

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Freedom of movement is a key principle of the European Union (EU) resulting in the right of every EU citizen to move and reside freely within the EU. Many EU citizens work in other Member States than their Member State of origin. Direct taxes are not as such covered in the treaties and therefore have much smaller bases for harmonization at EU level than indirect taxes. As a result, decisions of European Court of Justice (ECJ) on the clash between the EU principle of free movement and Member States’ direct tax rules have a significant effect on national direct tax systems. This book focuses on the relation between free movement rights of EU citizens and the legal autonomy of Member States in the area of direct taxation and will immediately engage tax practitioners and scholars. The author asks (and answers) the question: Has the willingness at EU level to make EU citizenship a key driver behind the integration process come at the expense of national direct tax autonomy? The book’s incomparably thorough analysis of the distinctive evolution, mainly via ECJ case law, of the relation between the EU principle of free movement of persons and Member States’ direct tax rules includes in-depth discussion of the following elements and more: – the concept of EU citizenship in the EU’s constitutional and institutional development; – how the ECJ has interpreted the concept of free movement with regard to economically inactive persons; – how the notion of EU citizenship has widened the ECJ’s view on treaty access; – how the ECJ has addressed the clash between free movement of persons and direct taxation in the EU’s constitutional context; and – numerous tax policy initiatives with regard to EU citizens before and after the Treaty of Lisbon This is the first book to investigate in such detail how the ECJ has tried to reconcile specific national direct tax rules with the general EU principle of free movement of persons from the perspective of EU citizenship. This book explains that the ECJ is in the process of reconceptualizing the market freedoms relating to the free movement of persons, also in the area of direct taxation, as part of a broader EU citizenship right for all economically active EU citizens to pursue an economic activity in a cross-border context; a right beyond the aim of realization of the internal market. As an extremely important analysis of the influence of EU law on the direct tax autonomy of Member States, this book is sure to be itself of great influence in the practice and study of taxation in the EU.

The four freedoms of the European Union

The four freedoms of the European Union
Title The four freedoms of the European Union PDF eBook
Author Sarah Roggenthien
Publisher GRIN Verlag
Pages 15
Release 2016-09-06
Genre Political Science
ISBN 3668292213

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Document from the year 2014 in the subject Politics - Topic: European Union, grade: 2,0, , language: English, abstract: In 1992 the European Union established a huge European Single Market, which includes its 28 Member States as well as Liechtenstein, Iceland, Norway and Switzerland. It contains four freedoms that guarantee free movements of goods, services, capital and people. With a possession of 4.325 Mio. km2 and 493 Mio. citizens it is one of the biggest internal markets on earth. Due to the omitted border formalities people are free to choose their place of residence, university and work place. But also the increasing quantity of goods followed by much more competition on the market in the EU leads to a price advantage for the consumers and therefore to a competitive position on the international market. Furthermore, the European Union framed some rules and additives to regulate the domestic market, like the implementation of a single currency in year 2001. In addition particular minimum standards, common standards for the environment, energy political measures, arrangements for consumer protection, a common transport policy, research funding as well as a solidary contribution for less developed Member States exist or are in process in the new regions which now belong to the EU. But there is still plenty of room for improvement with regard to the implementation of these regulations. Actually critics suppose that the transformation of normal markets in different countries into an internal market for all countries is a dubious method with incidental negative ancillary effects with unpredictable extents for the future. On account of this, the Research Paper primarily implies an explanation of the four freedoms of the European Union’s Single Market considerably. Secondly the main advantages as well as the disadvantages of the internal European trade are carved out and analysed.

EU Citizenship and Federalism

EU Citizenship and Federalism
Title EU Citizenship and Federalism PDF eBook
Author Dimitry Kochenov
Publisher Cambridge University Press
Pages 869
Release 2017-04-13
Genre Law
ISBN 1108146112

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Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.