FREE MOVEMENT OF PERSONS IN THE EUROPEAN UNION BARRIERS TO MOVEMENT IN THEIR CONSTITUTIONAL CONTEXTPDF|Epub|txt|kindle电子书版本网盘下载

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Chapter 1. The Rights of Economic Migrants: An Overview1

1. The Personal Scope of the (Economic) Free Movement Provisions2

1.1. Article 39 EC and the Definition of 'Worker'2

1.1.1. Work Seekers4

1.1.2. When can Article 39 EC be Invoked?6

1.2. The Personal Scope of Article 43 EC6

1.3. The Personal Scope of Article 49 EC and the Notion of 'Service'7

2. The Material Scope of the Free Movement of Persons Provisions: The Rights Granted by the Treaty11

2.1. The Right to Leave, Enter, Stay and Move12

2.1.1. The Right of Residence14

2.2. The Right Not to be Discriminated Against16

2.2.1. Direct Discrimination17

2.2.2. Indirect Discrimination20

3. Examples of Indirect Discrimination in the Context of Free Movement24

4. Indirect Discrimination and the Free Movement of Services: Mutual Recognition and Double Burden26

5. The Scope of the Principle of Non-discrimination27

6. The Family of the Economic Migrant30

7. Conclusions32

Chapter 2. Exploding the Boundaries: The Case Law on the Free Movement of Services in the 1990s and Beyond35

1. The Free Movement of Goods-the Sunday Trading Saga and the Keck Ruling36

2. Non-discriminatory Barriers to the Provision of Cross-Border Services42

3.(Un)Lawfully Providing a Service? Challenging the Rules of the State of Establishment44

4. The Health Care Cases and the Definition of a Service Provided for Remuneration50

5. A Critical Analysis of the Court's Reasoning54

6. The Authorization Requirement58

7. Conclusions60

Chapter 3. Barriers to the Free Movement of Workers and Establishment Beyond Discrimination63

1. Non-discriminatory Restrictions to Freedom of Establishment and the Free Movement of Workers64

2. The Post-Gebhard Case Law68

3. The Case Law on Free Movement of Capital70

4. The Gebhard Test, Tax and Social Security Rules71

5. Conclusions73

Chapter 4. Providing a Framework to the Free Movement Provisions:The Narrow Approach75

1. Discrimination, Double Burden and Mutual Recognition77

2. The Mutual Recognition Approach80

3. The Narrow Approach as a Prescriptive Model84

4. Conclusions88

Chapter 5. Market Access: A Concept in Search of a Definition89

1. Market Access as (Almost) a Descriptive Model:The Case Law on Persons90

2. Market Access: A Concept in Search of a Definition?93

3. Substantial Hindrances to Market Access:An Intuitive View?95

4. The Gebhard (R)evolution99

5. Formal Restrictions to Market Access:Not All that Glitters is Gold102

6. Market Access and the Internal Market105

6.1. Formal Barriers and Absolute Bans105

6.2. Formal Barriers and Internal Market106

6.3. Formal Barriers and Movement108

7. Conclusions110

Chapter 6. Union Citizenship113

1. From Sala to Baumbast: The Tortuous Path Towards Union Citizenship115

2. The Right to Challenge National Rules Falling Within the Scope of the Treaty and Beyond123

3. Mr Carpenter as a Citizen126

3.1. The Purely Internal Situation127

3.2. Giving Effect to Article 17 EC128

3.3. The Elimination of Reverse Discrimination Articles 17 and 12 EC132

4. Conclusions133

Chapter 7. Mr Gebhard Meets Mr Baumbast: Towards a More Coherent Theory of Free Movement135

1. Union Citizenship and the Other Free Movement of Persons' Provisions: Creating the 'Fundamental Status' of Union Citizens137

2. Similarities in Interpretation: The Hermeneutic Technique Adopted by the Court138

3. Mr Gebhard Meets Mr Baumbast: Towards a Coherent Constitutional Framework142

3.1. A Right to Exercise an Economic Activity in Another Member State143

3.2. The Gebhard Case Law146

3.3. The Different Approach Adopted in Relation to Tax Rules148

4. Seeking Consistency - the Case Law, the Treaty and the Cross-Border Element149

4.1. The Cross-Border Element150

5. Conclusions153

Table of Cases157

Bibliography167

Index177