Nationality Discrimination in the European Internal Market

Nationality Discrimination in the European Internal Market
Author: Gareth Davies
Publisher: Kluwer Law International B.V.
Total Pages: 244
Release: 2003-01-24
Genre: Law
ISBN: 9041119981

Despite the high-flown rhetoric of civil society, it cannot be denied that discrimination is still with us; it has merely gone 'underground'. This text exposes a polity that defines discrimination correctly but then refuses to see it where it occurs.

European Union Internal Market

European Union Internal Market
Author: Gareth Davies
Publisher: Routledge
Total Pages: 253
Release: 2016-08-18
Genre: Law
ISBN: 1135333157

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

The Internal Market and the Future of European Integration

The Internal Market and the Future of European Integration
Author: Fabian Amtenbrink
Publisher: Cambridge University Press
Total Pages: 853
Release: 2019-04-18
Genre: Business & Economics
ISBN: 1108474411

A definitive reassessment of the constitutional, economic, institutional and judicial dimensions of the EU internal market, including Brexit.

Unity in Adversity

Unity in Adversity
Author: Charlotte O'Brien
Publisher: Bloomsbury Publishing
Total Pages: 301
Release: 2017-11-30
Genre: Law
ISBN: 1509918531

'In this important contribution to the analysis and construction of European Union citizenship, Charlotte O'Brien provides her characteristic blend of rigorous legal scholarship and compelling social vision. She identifies challenging questions about the relationship between justice and vulnerability that should concern the shaping of law at all levels of governance.' Professor Niamh Nic Shuibhne, University of Edinburgh 'Piercing the veil of well-known proclamations of “equality” and “non-discrimination”, in this intimate portrait of Union law O'Brien sounds a sobering wake up call. The Union, to the genuine surprise of some converted, is a powerful actor of injustice, failing the vulnerable Europeans at many a turn, blinded by its own proclaimed righteousness and goodness to be aware of the plight of those it lets down. The sooner we dispel the oxymoronic myth of a “market citizen” as a necessary tool of the uniquely benevolent EU internal market project, the sooner the process of healing the Union turning its back on the majority of Europeans can begin. This book is an important part of this beginning.' Professor Dimitry Kochenov, University of Groningen 'Doctrinal mastery. Intellectual rigour. Conceptual depth. Empirical enrichment. O'Brien's landmark text offers its readers all of these qualities. But she also writes with a clarity and honesty of purpose that is an inspiration to her readers. Particularly at a time when certain political actors seek to vilify “expertise”, Unity in Adversity is a testament to the value of independent and critical academic research.' Professor Michael Dougan, University of Liverpool The EU is at a crossroads of constitution and conscience. Unity in Adversity argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. Unity in Adversity draws upon the ground-breaking EU Rights Project, working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. Its study of EU law in action is a radical new approach, and the case studies illustrate the political, legal and administrative obstacles to justice faced by EU nationals. Taken together, the strands demonstrate that 'equal treatment' for EU nationals is an illusion. The UK's welfare reforms directed at EU nationals are analysed as a programme of declaratory discrimination, and in light of the subsequent referendum, should be treated as a cautionary tale – both to the EU, to take social justice seriously, and to other Member States, to steer away from xenophobic law-making. Shortlisted for the 2018 BBC Thinking Allowed Award for Ethnography. Winner of the 2019 Hart-SLSA Book Prize.

Reverse Discrimination in EC Law

Reverse Discrimination in EC Law
Author: Alina Tryfonidou
Publisher: Kluwer Law International B.V.
Total Pages: 294
Release: 2009-01-01
Genre: Law
ISBN: 9041127518

Discrimination is an incongruity in the contemporary EC. Then, the author provides an in-depth analysis of two of the post-Maastricht developments in the context of free movement: the establishment of the status of Union citizenship by the Treaty of Maastricht in 1993 and the development of that status through the Court's recent jurisprudence; and the formal completion of the internal market in 1993, as required by the provisions inserted into the EC Treaty by the Single European Act. Focusing on the central issue of whether reverse discrimination is - and should remain - outside the scope of EC law, the author explains what has been the impact of each of these developments on the question of the permissibility of reverse discrimination in EC law. A brief discussion of the available solutions to the problem and their advantages and disadvantages concludes the presentation. This is a ground-breaking study in an area of European law that has received scant academic attention so far and is just beginning to be explored. In it, scholars, policymakers and practitioners will discover a firm foundation from which to pursue and ultimately define the limits of reverse discrimination in EC law.

Reverse Discrimination and Family Reunification

Reverse Discrimination and Family Reunification
Author: Anne Walter
Publisher:
Total Pages: 0
Release: 2008
Genre: Citizenship
ISBN: 9789058503862

This study has been presented at a conference in October 2008 in Osnabruck. Introduction So-called reverse discrimination occurs when EU Member States treat their own nationals less favourably than nationals of other Member States in situations where Community law applies. This phenomenon (discrimination of nationals or in German Inlanderdiskriminierung) signifies that (in reverse) nationals and not foreigners are discriminated against. The term 'EU citizen' in this study describes mobile EU nationals exercising their freedom of movement rights. This phenomenon, known in various areas of European law and sometimes leading to odd results, is defined differently from a European or national law perspective. Reverse discrimination is primarily understood to be the result of the limited scope of Community law. In cases with a person- or content-related link to EC law the special prohibition of discrimination based on nationality under Article 12 EC is applicable. The description of what is a 'matter of Community law' acts at the same time as a boundary to what falls under a national approach. Cases without such a link to Community law, on the other hand are called 'purely internal situation'. These cases are treated solely under national law of the Member States, and can differ from the solution under Community law. Reverse discrimination therefore pertains to an interface between Community law and national law, and hence the fundamental questions - scope and mode of operation - are related to the concept of Community law and raise the question of its objectives. Since the latter are not static in a European Union built on development, the phenomenon is simultaneously accorded a temporary character: "Reverse discrimination is clearly impossible in the long run within a true internal market, which must of necessity be based on the principle of equal treatment. Such discrimination must be eliminated [by means of the harmonisation of legislation]". Up to this point, national law is applicable and reverse discrimination is outside the scope of Community law, especially Article 12 EC. From a national perspective, it is consequentially left to national law to solve the problem of reverse discrimination - possibly by adjusting it to Community law.

The European Union and Social Security Law

The European Union and Social Security Law
Author: Jaan Paju
Publisher: Bloomsbury Publishing
Total Pages: 229
Release: 2017-08-24
Genre: Law
ISBN: 1509911553

The aim of this book is to examine how EU law relates to and impacts on the national social security systems of the Member States. It asks three key questions. Firstly, it looks at how the internal market and its developments have eroded Member States' sovereignty over their social security systems, despite the fact that the EU has limited competence in the field. It then explores, secondly, how the Union Citizenship and, thirdly, the Charter of Fundamental Rights has affected the coordination of these regimes.

Citizenship, Nationality and Access to Public Service Employment

Citizenship, Nationality and Access to Public Service Employment
Author: Jolanda Emmelien Beenen
Publisher: ISBS
Total Pages: 326
Release: 2001
Genre: Business & Economics
ISBN: 9789076871042

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.