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Free Movement of Persons in the Enlarged European Union
Free Movement of Persons in the Enlarged European Union
2nd Edition
Practice Area:  European & EU Law
ISBN:  9780414023079
Published by:  Sweet & Maxwell
Publication Date:  26 Jun 2012
Format:  Hardback
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PRODUCT DESCRIPTION

Since the enlargement of the EU in May 2004, the rights of EU citizens to move and reside freely in any of the Member States have come into sharper focus. The updated and revised new 2nd edition of Free Movement of Persons in the Enlarged European Union provides clear, comprehensive guidance through the law in this area.

It deals with both EU law and UK law and practice on the free movement of persons.

• Analyses each provision of European law which bears on free movement of persons and how each one has been interpreted by the Court of Justice of the European Union (CJEU)
• Discusses the complex inter-relationship between EU law, human rights law, anti-discrimination law and domestic law
• Discusses the concept of Union citizenship and the ever evolving case law on the rights of Union citizens to move to and reside in other Member States.
• Deals with economically active free movers and the economically inactive (retired persons, persons of independent means and students)
• Examines the rights of the family members of Union citizens
• Looks at the procedural and substantive requirements for obtaining residence documentation and qualifying for permanent residence for both Union citizens and their family members
• Examines the UK's Immigration (EEA) Regulations 2006 which represented a complete change in UK domestic legislation on free movement of EU nationals
• Looks at the consequence of these changes on the law relating to immigration, social security and housing
• Covers the new EU States of Bulgaria and Romania
• Considers EU law provisions on the expulsion and exclusion of free movers
• Goes through the EU's association agreements with Turkey and other non-Member States
• Contains all the relevant legislative materials not previously available in one text
• Explains a whole raft of key case law, including Metock v Minister for Justice, Equality and Law Reform, Ibrahim v Harrow London Borough Council (Secretary of State for the Home Department intervening) and Secretary of State for Work and Pensions v Lassal

Updates within the 2nd edition:

• Incorporates important changes to the free movement regime following the coming into force of EC Directive 2004/38/EC on the free movement of persons.
• Considers how the overarching principles prevail in the new legislative regime
• Examines the Immigration (EEA) Regulations 2006 (and subsequent amendments) which have represented a complete change in UK domestic legislation on free movement of EU nationals
• Looks at the consequence of changes to the law relating to immigration, social security and housing
• Covers the new EU States of Bulgaria and Romania
• Provides guidance and comment on major ECJ case law on Directive 2004/38/EC including:
• Metock v Minister for Justice, Equality and Law Reform (C-127/08)
• Ibrahim v Harrow London Borough Council (Secretary of State for the Home Department intervening) (C-480/08)
• Secretary of State for Work and Pensions v Lassal
• Looks at the important decisions of the ECJ on the EC-Turkey Association Agreement including:
o Tum v Secretary of State for the Home Department (C-16/05)
o Payir v Secretary of State for the Home Department (C-294/06)
o Genc v Land Berlin (C-14/09)

• Examines European Commission guidance on Directive 2004/38

CONTENTS

PART ONE—FUNDAMENTAL PRINCIPLES OF EU LAW
Chapter 1: Treaty Foundations and Institutions
Chapter 2: The European Legal Order
Chapter 3: Relationship between EU and Human Rights Law
Chapter 4: Union Citizenship

PART TWO—FREE MOVEMENT PROVISIONS FOR UNION CITIZENS AND
THEIR FAMILY MEMBERS
Chapter 5: Beneficiaries of Free Movement Provisions
Chapter 6: Workers
Chapter 7: Establishment and Services
Chapter 8: The Economically Inactive
Chapter 9: Family Members
Chapter 10: Rights of Entry and Residence
Chapter 11: Discrimination and Other Obstacles to Freedom of Movement
Chapter 12: Access to Social Security
Chapter 13: Exclusion and Expulsion

PART THREE—ASSOCIATION AGREEMENTS WITH THIRD COUNTRIES
Chapter 14: Agreements with Third Countries
Chapter 15: Association Agreements in Community Law
Chapter 16: Workers under the Stabilisation and Association Agreements
Chapter 17: Introduction to the Ankara Agreement
Chapter 18: Workers under the Ankara Agreement
Chapter 19: Establishment under the Ankara Agreement
Chapter 20: Family Members under the Ankara Agreement
Chapter 21: Expulsion under the Ankara Agreement
Chapter 22: Introduction to UK Law and Practice
Chapter 23: Incorporation of European Union Law into UK Law
Chapter 24: Free Movement of Union Citizens and Their Families
Chapter 25: Agreements with Third Countries


PART FOUR—APPENDICES

PRIMARY EUROPEAN LEGISLATION
Appendix 1: Treaty on European Union (excerpts)
Appendix 2: The Treaty on the Functioning of the European Union (excerpts)
Appendix 3: Directive 2004/38/EC of the European Parliament and of the Council
Appendix 4: Regulation (EU) No 492/2011 on freedom of movement for workers within the Union
Appendix 5: Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems
Appendix 6: Agreement on the European Economic Area (excerpts)
Appendix 7: Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (excerpts)
Appendix 8: Agreement Establishing an Association between the European Economic Community and Turkey (excerpts)
Appendix 9: Additional protocol to the EU Turkey Agreement (excerpts)
Appendix 10: Decision No 1/80 of the Association Council of 19 September 1980 on the Development of the Association (excerpts)
Appendix 11: Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part

UK LAW
Appendix 12: European Communities Act 1972 c.68 (excerpts)
Appendix 13: Immigration Act 1988 (excerpts)
Appendix 14: Immigration (European Economic Area) Regulations 2006 (SI 2006/1003)
Appendix 15: The Immigration (European Economic Area)(Amendment) Regulations 2011 (SI 2011/1247)
Appendix 16: The Accession (Immigration and Worker Authorisation) Regulations 2006 (SI 2006/3317)
Appendix 17: The Accession (Immigration and Worker Registration) (Revocation, Savings and Consequential Provisions) Regulations 2011 (SI 2011/544)
Appendix 18: Immigration (Swiss Free Movement of Persons)(No.3) Regulations 2002 (SI 2002/1241)
 

CONTRIBUTOR INFORMATION

Nicola Rogers
Barrister and co-author of first edition. Specialist in immigration and asylum law, EU law and international human rights law.

Rick Scannell
Barrister and co-author of first edition. His practice covers all areas of immigration and asylum, particularly refugee and human rights cases.

John Walsh
John Walsh is a specialist practitioner in immigration and prison law. He has acted as counsel before numerous tribunals and higher courts and CJEU

Steve Peers
Steve Peers is a professor at the University of Essex. He has written over fifty articles and many books on EU law. 

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CONTENTS OF RECENT ISSUES

Part 1: Fundamental Principles of EU Law
1) Treaty Foundations and Institutions
2) The Community Legal Order
3) Relationship between EU and Human Rights Law
4) Union Citizenship

Part 2: Free Movement of EU citizens and their family members
5) Beneficiaries of Free Movement Provisions
6) Enlargement of the European Union
7) Workers
8) Establishment and Services
9) The Economically Inactive
10) Family Members
11) Right of Residence
12) Discrimination and Other Obstacles to Freedom of Movement
13) Access to Social Security
14) Exclusion

Part 3: Association Agreements with Third Countries
15) Agreements with Third Countries
16) Association Agreements in EU Law
17) Introduction to the Europe Agreements
18) Workers under the Europe Agreements
19) Establishment under the Europe Agreements
20) Right of Entry and Stay under the Europe Agreements
21) Introduction to the Ankara Agreement
22) Workers under the Ankara Agreement
23) Establishment under the Ankara Agreement
24) Family Members under the Ankara Agreement
25) Expulsion under the Ankara Agreement

Part 4: UK Law and Practice
26) Introduction to UK Law and Practice
27) Incorporation of EU Law into UK Law
28) Free Movement of Union Citizens and Their Families Agreements with Third Countries

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