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Author: Jolanda Emmelien Beenen Publisher: ISBS ISBN: 9789076871042 Category : Business & Economics Languages : en Pages : 326
Book Description
The principle of free movement of workers within the European Union is of great importance to the functioning of the internal market. As a result, exceptions to the fundamental principles of the European Union are kept to a minimum and are interpreted narrowly. One of the exceptions to the free movement of workers is the so-called 'public service' exception, which is laid down in Article 39 (4) (ex Article 48 (4)) of the EC Treaty. The main object of this book is to analyse this exception, both at the European level and the national level. In the first part of the book the author analyses in detail, the case law of the European Court of Justice dealing with the correct interpretation of the public service exception. Attention is also paid to the concepts of nationality and (European) citizenship. National legislation dealing with nationality requirements for employment in the public service in the Netherlands, Belgium and the United Kingdom are explored in the second part of the book. The book also offers a more general comparison of nationality requirements as they can be found in a number of other EU Member States. About the author: Jolanda Emmelien (Nanda) Beenen (1969) was born in Emmen, the Netherlands. She graduated in fiscal economics (1993) and Dutch law (1994) at the Erasmus University Rotterdam. She received an LL.M. from Cambridge University, Lucy Cavendish College, in the United Kingdom (1995). From 1996 to 2000 she held an Ph.D. research assistant post at the Netherlands Institute for Social and Economic Law (NISER), now the G.J. Wiarda Institute of Utrecht University. Since 1 December 2000 she is employed as a lawyer at the legal department of the Dutch Ministry of Agriculture, Nature Management and Fisheries.
Author: Jolanda Emmelien Beenen Publisher: ISBS ISBN: 9789076871042 Category : Business & Economics Languages : en Pages : 326
Book Description
The principle of free movement of workers within the European Union is of great importance to the functioning of the internal market. As a result, exceptions to the fundamental principles of the European Union are kept to a minimum and are interpreted narrowly. One of the exceptions to the free movement of workers is the so-called 'public service' exception, which is laid down in Article 39 (4) (ex Article 48 (4)) of the EC Treaty. The main object of this book is to analyse this exception, both at the European level and the national level. In the first part of the book the author analyses in detail, the case law of the European Court of Justice dealing with the correct interpretation of the public service exception. Attention is also paid to the concepts of nationality and (European) citizenship. National legislation dealing with nationality requirements for employment in the public service in the Netherlands, Belgium and the United Kingdom are explored in the second part of the book. The book also offers a more general comparison of nationality requirements as they can be found in a number of other EU Member States. About the author: Jolanda Emmelien (Nanda) Beenen (1969) was born in Emmen, the Netherlands. She graduated in fiscal economics (1993) and Dutch law (1994) at the Erasmus University Rotterdam. She received an LL.M. from Cambridge University, Lucy Cavendish College, in the United Kingdom (1995). From 1996 to 2000 she held an Ph.D. research assistant post at the Netherlands Institute for Social and Economic Law (NISER), now the G.J. Wiarda Institute of Utrecht University. Since 1 December 2000 she is employed as a lawyer at the legal department of the Dutch Ministry of Agriculture, Nature Management and Fisheries.
Author: United States Publisher: ISBN: Category : Law Languages : en Pages : 1506
Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author: Anne Pieter van der Mei Publisher: Hart Publishing ISBN: 1841132888 Category : History Languages : en Pages : 541
Book Description
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.
Author: Miriam Aziz Publisher: Hart Publishing ISBN: 1841133094 Category : Law Languages : en Pages : 221
Book Description
This book contributes to the debate about the impact of European Community Law on the national constitutional orders and cultures of the respective Member States. The author examines the doctrine of sovereignty as a mechanism within which this impact may be best assessed and in particular how it underwrites the tension between European Union rights and the rights provided by the respective legal orders of the Member States. In particular the book focuses on political,social and civil rights, drawing from T.H. Marshall's typology. In endorsing an appropriate analytical framework, the book challenges both existing law and secondary literature in order to argue that the terminology, the concepts and the tools which are used to assess the impact of the EC law on the national constitutional orders are to be selected with great care. This is particularly apposite given the complexity of constitutional diversity, in terms of national constitutions and their reception of EC law. It is also important because of the variety of approaches involved in the constitutional adjustment of the acquis of the Union within the context of the increasing drive to constitutionalisation of the Union on the one hand and enlargement on the other.
Author: T. Alexander Aleinikoff Publisher: Carnegie Endowment ISBN: 0870033352 Category : Political Science Languages : en Pages : 137
Book Description
Many liberal democracies, facing high levels of immigration, are rethinking their citizenship policies. In this book, a group of international experts discuss various ways liberal states should fashion their policies to better accommodate newcomers. They offer detailed recommendations on issues of acquisition of citizenship, dual nationality, and the political, social, and economic rights of immigrants. Contributors include Patrick Weil (University of Paris Sorbonne), David A. Martin, (University of Virginia School of Law), Rainer Bauböck, (Austrian Academy of Sciences), and Michael Fix (Urban Institute).
Author: Ayelet Shachar Publisher: Oxford University Press ISBN: 0192528424 Category : Law Languages : en Pages : 816
Book Description
Contrary to predictions that it would become increasingly redundant in a globalizing world, citizenship is back with a vengeance. The Oxford Handbook of Citizenship brings together leading experts in law, philosophy, political science, economics, sociology, and geography to provide a multidisciplinary, comparative discussion of different dimensions of citizenship: as legal status and political membership; as rights and obligations; as identity and belonging; as civic virtues and practices of engagement; and as a discourse of political and social equality or responsibility for a common good. The contributors engage with some of the oldest normative and substantive quandaries in the literature, dilemmas that have renewed salience in today's political climate. As well as setting an agenda for future theoretical and empirical explorations, this Handbook explores the state of citizenship today in an accessible and engaging manner that will appeal to a wide academic and non-academic audience. Chapters highlight variations in citizenship regimes practiced in different countries, from immigrant states to 'non-western' contexts, from settler societies to newly independent states, attentive to both migrants and those who never cross an international border. Topics include the 'selling' of citizenship, multilevel citizenship, in-between statuses, citizenship laws, post-colonial citizenship, the impact of technological change on citizenship, and other cutting-edge issues. This Handbook is the major reference work for those engaged with citizenship from a legal, political, and cultural perspective. Written by the most knowledgeable senior and emerging scholars in their fields, this comprehensive volume offers state-of-the-art analyses of the main challenges and prospects of citizenship in today's world of increased migration and globalization. Special emphasis is put on the question of whether inclusive and egalitarian citizenship can provide political legitimacy in a turbulent world of exploding social inequality and resurgent populism.
Author: Dora Kostakopoulou Publisher: Cambridge University Press ISBN: 1139472445 Category : Law Languages : en Pages : 19
Book Description
In much of the citizenship literature it is often considered, if not simply assumed, that citizenship is integral to the character of a self-determining community and that this process, by definition, involves the exclusion of resident 'foreigners'. Dora Kostakopoulou calls this assumption into question, arguing that 'aliens' are by definition outside the bounds of the community by virtue of a circular reasoning which takes for granted the existence of bounded national communities, and that this process of collective self-definition is deeply political and historically dated. Although national citizenship has enjoyed a privileged position in both theory and practice, its remarkable elasticity has reached its limit, thereby making it more important to find an alternative model. Kostakopoulou develops a new institutional framework for anational citizenship, which can be grafted onto the existing state system, defends it against objections and proposes institutional reform based on an innovative approach to citizenship.
Author: Bronwen Manby Publisher: African Minds ISBN: 1936133296 Category : Law Languages : en Pages : 121
Book Description
Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.
Author: Susan Kneebone Publisher: Berghahn Books ISBN: 1789205786 Category : Social Science Languages : en Pages : 256
Book Description
Taking the context of forced migration, this book addresses the role that regional, in contrast to national or global, institutions and relationships play in shaping asylum policies and procedures. It examines the causes of forced migration movements; the direction of forced migration flows and its effect upon the immediate region; policy responses towards forced migration (in particular ASEAN and the European Community); cooperative arrangements and agreements between regional states; and the protection of human rights. The book also considers the role that regional responses are likely to play in determining the direction of asylum policy in receiving states and procedures in the future.
Author: Jolanda Emmelien Beenen
Author: Jolanda Emmelien Beenen
Author: United States
Author: Anne Pieter van der Mei
Author: Miriam Aziz
Author: T. Alexander Aleinikoff
Author: Ayelet Shachar
Author: Dora Kostakopoulou
Author: Noora Lori
Author: Bronwen Manby
Author: Susan Kneebone