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Author: Mads Andenas Publisher: Springer ISBN: 9462651957 Category : Law Languages : en Pages : 417
Book Description
The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems. The book falls into four parts: ‘The Reach of Free Movement', ’Justifications and Proportionality’, ‘Fundamental Rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London.Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg. Specific to this book: • Up-to-date analysis of the reach of free movement within the EU Internal Market and what constitutes a restriction• Chapters by leading authorities and a number of young scholars, active in various interconnected fields, such as European law, Constitutional law and Human Rights law, international law, global governance, European trade and commercial law, European Financial Services law, and procedural law.• The strength of the content lies both in its highly practical and theoretical applicability
Author: Mads Andenas Publisher: Springer ISBN: 9462651957 Category : Law Languages : en Pages : 417
Book Description
The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems. The book falls into four parts: ‘The Reach of Free Movement', ’Justifications and Proportionality’, ‘Fundamental Rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London.Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg. Specific to this book: • Up-to-date analysis of the reach of free movement within the EU Internal Market and what constitutes a restriction• Chapters by leading authorities and a number of young scholars, active in various interconnected fields, such as European law, Constitutional law and Human Rights law, international law, global governance, European trade and commercial law, European Financial Services law, and procedural law.• The strength of the content lies both in its highly practical and theoretical applicability
Author: Reece Jones Publisher: University of Georgia Press ISBN: 0820354279 Category : Political Science Languages : en Pages : 297
Book Description
Border control continues to be a highly contested and politically charged subject around the world. This collection of essays challenges reactionary nationalism by making the positive case for the benefits of free movement for countries on both ends of the exchange. Open Borders counters the knee-jerk reaction to build walls and close borders by arguing that there is not a moral, legal, philosophical, or economic case for limiting the movement of human beings at borders. The volume brings together essays by theorists in anthropology, geography, international relations, and other fields who argue for open borders with writings by activists who are working to make safe passage a reality on the ground. It puts forward a clear, concise, and convincing case for a world without movement restrictions at borders. The essays in the first part of the volume make a theoretical case for free movement by analyzing philosophical, legal, and moral arguments for opening borders. In doing so, they articulate a sustained critique of the dominant idea that states should favor the rights of their own citizens over the rights of all human beings. The second part sketches out the current situation in the European Union, in states that have erected border walls, in states that have adopted a policy of inclusion such as Germany and Uganda, and elsewhere in the world to demonstrate the consequences of the current regime of movement restrictions at borders. The third part creates a dialogue between theorists and activists, examining the work of Calais Migrant Solidarity, No Borders Morocco, activists in sanctuary cities, and others who contest border restrictions on the ground.
Author: Anthony Arnull Publisher: Oxford University Press ISBN: 0191653055 Category : Law Languages : en Pages : 1092
Book Description
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.
Author: Luca Scholz Publisher: ISBN: 0198845677 Category : History Languages : en Pages : 279
Book Description
Borders and Mobility in the Holy Roman Empire tells the history of free movement in the Holy Roman Empire of the German Nation, one of the most fractured landscapes in human history. The boundaries that divided its hundreds of territories make the Old Reich a uniquely valuable site for studying the ordering of movement. The focus is on safe-conduct, an institution that was common throughout the early modern world but became a key framework for negotiating free movement and its restriction in the Old Reich. The study shows that attempts to escort travellers, issue letters of passage, or to criminalize the use of 'forbidden' roads served to transform rights of passage into excludable and fiscally exploitable goods. Mobile populations - from emperors to peasants - defied attempts to govern their mobility with actions ranging from formal protest to bloodshed. Newly designed maps show that restrictions upon moving goods and people were rarely concentrated at borders before the mid-eighteenth century, but unevenly distributed along roads and rivers. Luca Scholz unearths intense intellectual debates around the rulers' right to interfere with freedom of movement. The Empire's political order guaranteed extensive transit rights, but claims of protection could also mask aggressive attempts of territorial expansion. Drawing on sources discovered in more than twenty archives and covering the period between the late sixteenth and the early nineteenth centuries, Borders and Mobility in the Holy Roman Empire offers a new perspective on the unstable relationship of political authority and human mobility in the heartlands of old-regime Europe.
Author: Mads Andenas Publisher: T.M.C. Asser Press ISBN: 9789462651944 Category : Law Languages : en Pages : 419
Book Description
The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems. The book falls into four parts, ‘The reach of free movement’, ‘Justifications and Proportionality’, ‘Fundamental rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London. Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a Ph.D. in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg.
Author: Jan Zglinski Publisher: ISBN: 0198844794 Category : Law Languages : en Pages : 257
Book Description
This book investigates the Court of Justice's practice of deferring to Member State authorities in free movement law, examining the decision-making latitude accorded to national institutions by means of two deference doctrines, the margin of appreciation and decentralised judicial review.
Author: Adrian Favell Publisher: John Wiley & Sons ISBN: 1444399373 Category : Social Science Languages : en Pages : 316
Book Description
Eurostars and Eurocities: Free Movement and Mobility in an Integrating Europe examines intra-European Union migration in the cities of Amsterdam, London and Brussels. Based on sixty in-depth interviews of free moving European citizens, and more than five years of ethnographic and documentary research, it uncovers the rarely studied human dimension of European integration Examines the mobility, lifestyle and career opportunities created by the borderless society of the European Union, as well as the barriers that still persist Analyses the new migration trends, challenges to the welfare state, and forms of urban cosmopolitanism linked to processes of European integration
Author: Colin Yeo Publisher: Biteback Publishing ISBN: 1785905783 Category : Social Science Languages : en Pages : 239
Book Description
"A must-read" – Maya Goodfellow "Highly readable" – Joshua Rozenberg QC "Brilliant and urgently necessary" – Amelia Gentleman "Incisive and compelling" – The Secret Barrister *** How would we treat Paddington Bear if he came to the UK today? Perhaps he would be a casualty of extortionate visa application fees; perhaps he would experience a cruel term of imprisonment in a detention centre; or perhaps his entire identity would be torn apart at the hands of a hostile environment that delights in the humiliation of its victims. Britain thinks of itself as a welcoming country, but the reality is very different. This is a system in which people born in Britain are told in uncompromising terms that they are not British, in which those who have lived their entire lives on these shores are threatened with deportation, and in which falling in love with anyone other than a British national can result in families being ripped apart. Now fully updated to include the Nationality and Borders Bill, in this vital and alarming book, campaigner and immigration barrister Colin Yeo tackles the subject with dexterity and rigour, offering a roadmap of where we should go from here as he exposes the injustice of an immigration system that is unforgiving, unfeeling and, ultimately, failing.
Author: Mads Andenas
Author: Mads Andenas
Author: Reece Jones
Author: Anthony Arnull
Author: Luca Scholz
Author: Mads Andenas
Author: Nihal Jayawickrama
Author: Jan Zglinski
Author: Adrian Favell
Author: American Library Association
Author: Colin Yeo