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Chapter

Cover European Union Law

12. Free movement of persons and services and freedom of establishment  

This chapter examines the free movement of workers, family members and non-active persons and freedom of establishment, and places this within the framework of citizenship of the European Union. The free movement of workers is one of the original four freedoms in the Treaty of Rome establishing the European Economic Community. Free movement of workers was essential for the construction of an internal market, and for several decades the freedom to move within the Community maintained its strict link with economic activity. Free movement has now evolved beyond the economically active with access, for example, to social advantages and rights for family members. This chapter also considers the exceptions to free movement (e.g. the public health and public security exceptions) and special cases of free movement (e.g. sport and lawyers).

Chapter

Cover Essential Cases: EU Law

Blaise Baheten Metock and others v Minister for Justice, Equality and Law Reform (Case C-127/08), EU:C:2008:449, [2008] ECR I-6241, 25 July 2008  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Blaise Baheten Metock and others v Minister for Justice, Equality and Law Reform (Case C-127/08), EU:C:2008:449, [2008] ECR I-6241, 25 July 2008. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Blaise Baheten Metock and others v Minister for Justice, Equality and Law Reform (Case C-127/08), EU:C:2008:449, [2008] ECR I-6241, 25 July 2008  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Blaise Baheten Metock and others v Minister for Justice, Equality and Law Reform (Case C-127/08), EU:C:2008:449, [2008] ECR I-6241, 25 July 2008. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover An Introduction to European Law

10. Internal Market: Persons  

This chapter highlights the complex constitutional arrangements governing the free movement of persons. The EU Treaties distinguished between two classes of economic migrants, namely, employed and self-employed persons; and today’s Treaty title dealing with persons still addresses ‘Workers’ and the ‘Right of Establishment’ in two separate chapters. With the 1992 Maastricht Treaty, the two special chapters on persons were complemented by the general rules on EU citizenship. Unsurprisingly, there has been a complex relationship between the two specific sources of free movement rights and the EU citizenship provisions. Their symbiotic relationship is particularly embodied in the ‘Citizenship Directive’. The chapter finally also considers the possible justifications for Member State restrictions on the free movement of persons.

Chapter

Cover An Introduction to European Law

11. Internal Market: Persons  

This chapter highlights the complex constitutional arrangements governing the free movement of persons. The EU Treaties distinguished between two classes of economic migrants, namely, employed and self-employed persons; and today's Treaty title dealing with persons still addresses ‘Workers’ and the ‘Right of Establishment’ in two separate chapters. With the 1992 Maastricht Treaty, the two special chapters on persons were complemented by the general rules on EU citizenship. Unsurprisingly, there has been a complex relationship between the two specific sources of free movement rights and the EU citizenship provisions. Their symbiotic relationship is particularly embodied in the ‘Citizenship Directive’. The chapter then considers the possible justifications for Member State restrictions on the free movement of persons.

Chapter

Cover Essential Cases: EU Law

Irène Vlassopoulou v Ministerium für Justiz, Bundes- und Europaangelegenheiten Baden-Württemberg (Case C-340/89), EU:C:1991:193, [1991] ECR I-2365, 7 May 1991  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Irène Vlassopoulou v Ministerium für Justiz, Bundes- und Europaangelegenheiten Baden-Württemberg (Case C-340/89), EU:C:1991:193, [1991] ECR I-2365, 7 May 1991. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Marleasing SA v La Comercial Internacional de Alimentación SA (Case C-106/89), EU:C:1990:395, [1990] ECR I-4135, 13 November 1990  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Marleasing SA v La Comercial Internacional de Alimentación SA (Case C-106/89), EU:C:1990:395, [1990] ECR I-4135, 13 November 1990. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Hungary v Slovak Republic (Case C-364/10), EU:C:2012:630, 16 October 2012  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hungary v Slovak Republic (Case C-364/10), EU:C:2012:630, 16 October 2012. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Essential Cases: EU Law

Irène Vlassopoulou v Ministerium für Justiz, Bundes- und Europaangelegenheiten Baden-Württemberg (Case C-340/89), EU:C:1991:193, [1991] ECR I-2365, 7 May 1991  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Irène Vlassopoulou v Ministerium für Justiz, Bundes- und Europaangelegenheiten Baden-Württemberg (Case C-340/89), EU:C:1991:193, [1991] ECR I-2365, 7 May 1991. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Essential Cases: EU Law

Marleasing SA v La Comercial Internacional de Alimentación SA (Case C-106/89), EU:C:1990:395, [1990] ECR I-4135, 13 November 1990  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Marleasing SA v La Comercial Internacional de Alimentación SA (Case C-106/89), EU:C:1990:395, [1990] ECR I-4135, 13 November 1990. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Essential Cases: EU Law

Hungary v Slovak Republic (Case C-364/10), EU:C:2012:630, 16 October 2012  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hungary v Slovak Republic (Case C-364/10), EU:C:2012:630, 16 October 2012. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), EU:C:2001:458, [2001] ECR I-06193, 20 September 2001  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), EU:C:2001:458, [2001] ECR I-06193, 20 September 2001. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Gerardo Ruiz Zambrano v Office national de l’emploi (Case C-34/09), EU:C:2011:124, [2011] ECR I-1177, 8 March 2011  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Gerardo Ruiz Zambrano v Office national de l’emploi (Case C-34/09), EU:C:2011:124, [2011] ECR I-1177, 8 March 2011. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Jobcenter Berlin Neukölln v Nazifa Alimanovic and others (Case C-67/14), EU:C:2015:597, 15 September 2015  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jobcenter Berlin Neukölln v Nazifa Alimanovic and others (Case C-67/14), EU:C:2015:597, 15 September 2015. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), EU:C:2001:458, [2001] ECR I-06193, 20 September 2001  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), EU:C:2001:458, [2001] ECR I-06193, 20 September 2001. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Essential Cases: EU Law

Gerardo Ruiz Zambrano v Office national de l’emploi (Case C-34/09), EU:C:2011:124, [2011] ECR I-1177, 8 March 2011  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Gerardo Ruiz Zambrano v Office national de l’emploi (Case C-34/09), EU:C:2011:124, [2011] ECR I-1177, 8 March 2011. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Essential Cases: EU Law

Jobcenter Berlin Neukölln v Nazifa Alimanovic and others (Case C-67/14), EU:C:2015:597, 15 September 2015  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jobcenter Berlin Neukölln v Nazifa Alimanovic and others (Case C-67/14), EU:C:2015:597, 15 September 2015. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover EU Law in the UK

12. Free movement of workers  

This chapter studies the ‘free movement of workers’, which was where free movement of persons law began under the Treaty of Rome. The current free movement of workers provisions are found in Articles 45–48 TFEU (Treaty on the Functioning of the European Union). Article 45 TFEU provides that freedom of movement for workers shall be secured within the Union. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration, and other conditions of work and employment. The chapter then explores the personal, material, and geographical scope of Article 45 TFEU. It also looks at the impact of Brexit on the status of current and future EU ‘workers’. The 2016 UK referendum showed that concerns about EU nationals being able to come without any restriction to the UK and access both British jobs and British benefits were one of the key drivers in the vote to leave the EU.

Book

Cover EU Law Directions

Nigel Foster

EU Law Directions explains the key topics and developments in this fast-paced and increasingly important subject area. Based on 35 years’ experience teaching and examining European Union (EU) law, this book provides a student-friendly text which is readable without compromising on academic quality. The text is easy to follow, with useful features throughout such as case summaries, key definitions, and diagrams. Cross-references and end-of-chapter summaries demonstrate how topics link together and enable students to quickly build up a comprehensive understanding of EU law. The text is clearly broken down into logical sections, guiding students through institutional, procedural, and substantive law from a European perspective. It also takes into account the fast-moving events in the UK generated by the result of the Brexit referendum and the consequent exit of the UK from the EU and entry into the transition period which ended 31 December 2020. A clear and uncomplicated writing style ensures students new to EU law quickly grasp the central elements of the subject. This book has been fully revised in this new edition to take account of new legislative and case law developments, in particular relating to the free movement of persons and equality law. This new edition includes a full consideration of the UK’s relationship with the EU, the 2016 referendum, and the process of negotiating withdrawal concluding with the UK withdrawal on 31 January 2020.

Chapter

Cover Essential Cases: EU Law

María Martínez Sala v Freistaat Bayern (Case C-85/96), EU:C:1998:217, [1998] ECR I-2691, 12 May 1998  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in María Martínez Sala v Freistaat Bayern (Case C-85/96), EU:C:1998:217, [1998] ECR I-2691, 12 May 1998. The document also includes supporting commentary from author Noreen O'Meara.