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migration european union essay
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The problem question does not state if Roger is a citizen of any EU country or if he is a British national. Therefore the answer to my problem question will only be an assumption that he is a British national. Even though my assumption will be regarding him as a British national, either way the law and rules that apply in the EU is the same for all EU Member state.
The problem questions concerns the status and the rights accorded to the migrant European Union national in the host state. It concerns the status of a worker and family under European Union law together with the application of the principle of discrimination and the right to equal treatment.
The Union citizenship was finally formally introduced into the European Union (EU) by the Maastricht treaty in 1992 in an effort to bring the Union closer to the people. Throughout the problem question it will be seen as to the extent to which the introduction of citizenship into the EU legal framework actually adds concrete rights to EU citizens or whether it is of symbolic importance only.
Article 20 states that each individual who is a national of a Member State is also automatically an EU citizen. Article 21 grants free movement rights to all EU citizens within the limit of the treaty and secondary legislation. The free movement rights of economically active citizens are well established under Article 45 Treaty on the Functioning of the European Union (TFEU). The principle of EU citizenship is often used in conjunction with the principle of equal treatment now enshrined in Article 18 TFEU to ensure that there is no discrimination between nationals of a host state and EU national migrants.
(1) Roger is a British national, which means he is a citizen of the EU therefore, ...
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Books
Storey, T. and Turner, C (2011) Unlocking EU Law , (3rd edition). Chapter 12
Barnard, C. (2007) the substantive Law of the EU: the four freedoms (2nd edition). Chapter 12
John Fairhurst, (2010) Law of the European Union, (8th edition). Chapter 12
Foster, N. (2009) foster on EU Law (2nd edition) .Chapter 7
Journals
Adinolfi, A. Free movement of and access to work of citizens of the new Member of States: the transitional measures (2006) 43 CML Rev 469
Harlow, C. and Rawlings, R, ‘Accountability and Law Enforcement: The centralised EU infringement procedure’ (2006) 31 EL Rev 447.
Web search
http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigration/index_en.htm
http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigration/l33152_en.htm
To answer this question I will firstly explain how EU law became incorporated within the member states I will then explain the various types of EU legislation's in circulation. This is important to define as the various types of methods will involve different enforcement procedures. Finally I will explain how EU law is enforced and the ways EU law will effect the member state and individual businesses. I will summarise my findings at the end of the essay, this will give details of all the key ideas I have ut across.
The case of Francovich had a significant impact on the European Union (EU) law. If a conflict arises between the EU law and the national law, the EU law highly prevails. The European Union law is a framework of treaties and legislation, which have a direct or indirect effect on the laws of the member states which are bound to the European Union. Primary and Secondary laws are the two sources of the EU law. This essay will firstly analyse the main institutions of the European Union and define various legal terms. It will then move on, to discuss the case of Francovich and the importance it had for state liability. Furthermore, it will refer to subsequent cases which are linked with state liability and had an impact on the EU Law. Lastly, my own views about State Liability will be presented.
Britain has always had a difficult relationship with the European Union, initially refusing to become a member before reluctantly joining, there seems to be a level of distrust of the European policies. I will explore this distrust within this essay. This essay will also give an insight into the history of Britain, the EU and identify any changes in British government’s policies since becoming a member.
With the introduction of the Schengen Agreement in 1985, travel and restrictions within Europe drastically changed. For the first time in the world, a large group of countries banded together and abolished any restriction on travel, creating a massive zone of free travel. Anyone who was a citizen of a country within the European union now had access to every other country also within the area, creating essentially a borderless landmass. This agreement had some major positive factors, but also some blaring negative effects. The most blaring negative side effect of the free tra...
Simmonds C., ‘Paramountcy and the ECHR: a conflict resolved? [2012] Cambridge Law Journal Vol. 71 Issue 3, 498-201
Prof. Jeffrey A. Brauch, The Margin of Appreciation and the Jurisprudence of the European Court of Human Rights: Threat to the rule of law, Vol.11, Columbia Journal of European Law (2004-2005)
Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as amended) (ECHR), Art 5(1)(e)
Migration is not just about arrival, but also departure and circulation’ (Raghuram and Erel, 2014, p. 150). Explain how different sorts of evidence in DD102 have been used to support this claim.
Peterson, J. and Shackleton, M. 2002. The institutions of the European Union. Oxford: Oxford University Press.
A key result of the principle of parliamentary sovereignty is that there is no hierarchy in regards to Acts of Parliament: all parliamentary legislation is, in principle, of equal validity and effectiveness. Yet, the judgement of Thoburn in 2002 indicated that there may be a special class of "constitutional statutes" such as the Human Rights Act 1998. This special class infers that parliamentary sovereignty has been eroded as despite the supposed equal validity of Acts, there are those which preside over them which in this case is EU
The EU Charter of Fundamental Rights is a document which brings together all of the Fundamental Human Rights together in one, single document. Before the inception of EU Charter of Fundamental Rights, the member states of the European Union had many conflicting opinions on what exactly a human right entailed, therefore the need for a single, codified document outlaying the basic Fundamental Human Rights was great. The Charter was issued in 2000 and at this time, according to Jesse Norman, The Parliamentary Undersecretary of State for Industry and Energy, ‘The charter was then described as a ‘solemn proclamation’ and was designed to strengthen the EU’S political legitimacy, containing rights and freedoms as well as strengthening the rights of
The doctrine of Supremacy of the EU Law has been adopted from the European Court of Justice, in which the doctrine covers all aspects of law in member states. The supremacy is evidently implied in the Treaty on European Union Article 4(3) and Treaty of the functioning of the European Union Article 18 , which emphasises the prohibitions against discrimination. This is then supported by Article 288 TFEU whereby the regulations are binding upon each member state. Furthermore, Article 344 TFEU ensures resolution between member states. This assignment will discuss to what extent the acceptance of the supremacy of the EU law has been problematic in regards to parliamentary sovereignty.
Lelieveldt, H. and Princen, S. 2011The politics of the European Union. Cambridge: Cambridge University Press.
Risse, T 2003, The Euro between national and European identity, Journal of European Public Policy, Vol. 10, no.4, pp.487-505
Section 2 (1) of The European Communities Act 1972 provides that ‘all such rights and obligations from