Listing 1 - 10 of 41 | << page >> |
Sort by
|
Choose an application
Democratic states guarantee free movement within their territory to all citizens, as a core right of citizenship. Similarly, the European Union guarantees EU citizens and members of their families the right to live and the right to work anywhere within EU territory. Such rights reflect the project of equality and undifferentiated individual rights for all who have the status of citizen, but they are not uncontested. Despite citizenship's promise of equality, barriers, incentives, and disincentives to free movement make some citizens more equal than others. This book challenges the normal way of thinking about freedom of movement by identifying the tensions between the formal ideals that governments, laws, and constitutions expound and actual practices, which fall short. 'Individual states and the European Union have either created or permitted the creation of direct and indirect barriers to mobility that undermine the promise of freedom of movement. The volume identifies these barriers, explains why they have arisen, discusses why they are difficult to remove, and explores their consequences.' -- Joseph Carens, University of Toronto.
Choose an application
This book analyses the multifaceted ways law operates in the context of human mobility, as well as the ways in which human mobility affects law.
Choose an application
This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: - to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; - to develop a comprehensive and original account of empirical problems on the application of proportionality; - to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union
Free choice of employment --- Freedom of movement --- Proportionality in law
Choose an application
An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.
Trade regulation --- Freedom of movement --- Antitrust law --- Subsidies --- Law and legislation --- Law --- General and Others
Choose an application
"European Citizenship, although derived from the nationalities of the Member States, came to play a significant independent role in reforming European constitutionalism in unanticipated ways by undermining some of the key assumptions underlying the notions of citizenship, equality and democratic accountability. Instead of lingering merely as a super- structure atop Member State nationalities, it instead reshuffles the constitutional basics and not all Europeans emerge as winners as a result"--
Citizenship --- Freedom of movement --- Emigration and immigration law --- International law --- European Union --- E.U.
Choose an application
The EU has become a powerful player in the area of migration. As a result, European migration policies increasingly conflict with the EU's commitment to respect Human Rights. The book identifies the most pressing challenges, outlines the relevant legal standards, and provides recommendations for reform.
Emigration and immigration --- Human rights. --- Freedom of movement. --- Asylum, Right of. --- Government policy.
Choose an application
This book considers the constitutional implications of legal integration regarding internal security matters in the EU. It argues that constitutional theory is crucial to addressing legality and accountability concerns raised by the legal practices of the EU's 'Area of Freedom, Security and Justice' (AFSJ).
Choose an application
Freedom of movement --- Passports --- Terrorism --- Prevention --- Law and legislation --- History --- Shipley, Ruth. --- United States.
Choose an application
This book investigates how liberalization of service provision related to movement of natural persons takes shape within EU and WTO law. It provides an overview and analysis of the implementation of the identified obligations derived from EU law and the GATS in the Dutch legal order and that of the United Kingdom. A thorough investigation of the chosen strategies in each legal order is provided, including a comparison of the differences and similarities between these strategies. The resulting overview leads to insight into the tension that exists between the international obligations related to service mobility of the two investigated states on the one hand, and their migration law and access to the labour market legislation on the other.
Freedom of movement --- World Trade Organization. --- General Agreement on Trade in Services --- Netherlands --- Great Britain --- Emigration and immigration --- Government policy.
Choose an application
In 1991, the Israeli government introduced emergency legislation canceling the general exit permit that allowed Palestinians to enter Israel. The directive, effective for one year, has been reissued annually ever since, turning the Occupied Territories into a closed military zone. Today, Israel's permit regime for Palestinians is one of the world's most extreme and complex apparatuses for population management. Yael Berda worked as a human rights lawyer in Jerusalem and represented more than two hundred Palestinian clients trying to obtain labor permits to enter Israel from the West Bank. With Living Emergency, she brings readers inside the permit regime, offering a first-hand account of how the Israeli secret service, government, and military civil administration control the Palestinian population. Through interviews with Palestinian laborers and their families, conversations with Israeli clerks and officials, and research into the archives and correspondence of governmental organizations, Berda reconstructs the institutional framework of the labyrinthine permit regime, illuminating both its overarching principles and its administrative practices. In an age where terrorism, crime, and immigration are perceived as intertwined security threats, she reveals how the Israeli example informs global homeland security and border control practices, creating a living emergency for targeted populations worldwide.
Palestinian Arabs --- Palestinian Arabs --- War and emergency legislation --- Military government --- Freedom of movement --- Legal status, laws, etc. --- Government policy
Listing 1 - 10 of 41 | << page >> |
Sort by
|