Suchergebnisse

As mentioned in the previous note1 the Amsterdam Treaty significantly alters the treaty structure as regards the free movement of persons. The EC treaty now has, as one of its formal activities as set out in article 3(1)(d), "measures concerning the entry and movement of persons as provided for in Title IV". The creation of a new Title IV in the EC Treaty on establishing an area of freedom, security and justice moves a corpus of subject matter2 from the inter-governmental pillar on Justice and Home Affairs to the Treaty of Rome. The aim clearly set out is to establish, within five years, all the measures necessary to create "an area without frontiers" in accordance with Article 143 together with "flanking measures with respect to external board of controls of asylum and immigration" as well as "measures to prevent and combat crime in accordance with the provisions of Article 31 (e) of the Treaty on European Union".4 Co-operation between the Member States is also to be strengthened and encouraged5 as well as measures in the field of police and judicial co-operation in criminal matters though the latter is in accordance with the provisions of the Treaty on the European Union.6

AbstractThis paper analyses the case-law of the European Court of Justice on the scope and limits of cross-border access of economically inactive Union citizens to national systems of social assistance. The author de-constructs and challenges the weak rhetoric of transnational solidarity generously deployed by the Court of Justice at the beginning of the expansive cycle of its case-law on the transnational social protection rights of mobile EU citizens. The most recent case-law shows, in fact, a spectacular retreat from this rhetoric in tune with the neo-nationalistic and social-chauvinistic moods prevailing in Europe.

There has been much activity since the last report on this topic,1 not least that the citizenship provisions of the Treaty have burst into life with a series of cases and proposals which threaten to overturn the old order. The Commission's initial proposal2 to consolidate and radically reshape rights of residence has been revised in the legislative process,3 but is still un-adopted; the cases though are more dramatic.

Preliminary Material /Massimo Condinanzi , Alessandra Lang and Bruno Nascimbene -- Chapter I. Citizenship of the Union /Massimo Condinanzi , Alessandra Lang and Bruno Nascimbene -- Chapter II. Freedom of Movement of Workers /Massimo Condinanzi , Alessandra Lang and Bruno Nascimbene -- Chapter III. Right of Establishment /Massimo Condinanzi , Alessandra Lang and Bruno Nascimbene -- Chapter IV. Services /Massimo Condinanzi , Alessandra Lang and Bruno Nascimbene -- Chapter V. Immigration Policy /Massimo Condinanzi , Alessandra Lang and Bruno Nascimbene -- Addendum /Massimo Condinanzi , Alessandra Lang and Bruno Nascimbene -- Table of Cases /Massimo Condinanzi , Alessandra Lang and Bruno Nascimbene -- Index /Massimo Condinanzi , Alessandra Lang and Bruno Nascimbene.