Suchergebnisse

Focusing on competition, state aid, and free movement law, this book develops a conceptual framework for understanding the integration of environmental concerns in those legal domains and compares the different legal tests that have emerged for delimiting and weighing environmental considerations against other public goals.

"'Environmental Integration in Competition and Free-Movement Laws' engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law: competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law. Structured in three parts, this volume (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself. (II) It investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law. (III) It analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict."--Publisher's website

"'Environmental Integration in Competition and Free-Movement Laws' engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law: competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law. Structured in three parts, this volume (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself. (II) It investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law. (III) It analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict."--Publisher's website

This paper examines the short and long-term impacts of the UK referendum on migration flows and migration policy. Even in the short term – before any policy change – the vote will affect migration flows directly and indirectly through both economic and other channels. Post Brexit, two key issues will need to be addressed. Will the UK preserve a substantial measure of preference for EU citizens in any new system? And will policy tilt in a liberal or restrictive direction?

In the area of free movement, the ECJ has formulated, as a part of the proportionality test, a number of guarantees as to administrative and judicial procedures. The present article argues that proportionality is no good rationale anymore for these guarantees, as better foundations may serve the general principle of effective judicial protection and good administration. This is nowadays not only a more fitting solution, but it also contributes to more coherence in European administrative law.

The aim of this article is to propose a new concept of free movement of persons, based on the notion of "fair movement" or managed migration. In the context of the UK becoming a neighbouring State, but hoping to maintain access to the Single Market, the article explores possibilities of greater control for the host State while keeping some of the benefits of existing EU free movement rules. It recalls the discussions of free movement of workers at the time the EEC was established; it also looks at the differentiated provisions covering free movement of persons between the EU and EEA States, and the EU and Switzerland. It concludes that more flexibility will be needed in the two areas considered: equal treatment and emergency brake.

The year 2013 was officially declared the European Year of Citizens (EYC) in the European Union (EU). Through this event, the European Commission (EC) reiterates a 'virtuous circle' – between citizenship, free movement and a sense of belonging – able to bring citizens closer to the EU. This article shows how this 'virtuous circle' tends to translate into a 'tunnel vision' that reduces citizenship to free movement. Through the analysis of EC discourses, of the literature on 'movers' and 'stayers', and of focus groups with young people from Brussels, we suggest to expand the understanding of free movement and its effects. Overall, this article proposes to re-evaluate the scope of the 'virtuous circle' by considering that the 'stayers' are also EU citizens, that free movement is not indisputably an attractive right, and that the movers do not unquestionably feel attached to the EU as a result of their mobility.

The year 2013 was officially declared the European Year of Citizens (EYC) in the European Union (EU). Through this event, the European Commission (EC) reiterates a 'virtuous circle' – between citizenship, free movement and a sense of belonging – able to bring citizens closer to the EU. This article shows how this 'virtuous circle' tends to translate into a 'tunnel vision' that reduces citizenship to free movement. Through the analysis of EC discourses, of the literature on 'movers' and 'stayers', and of focus groups with young people from Brussels, we suggest to expand the understanding of free movement and its effects. Overall, this article proposes to re-evaluate the scope of the 'virtuous circle' by considering that the 'stayers' are also EU citizens, that free movement is not indisputably an attractive right, and that the movers do not unquestionably feel attached to the EU as a result of their mobility.

The year 2013 was officially declared the European Year of Citizens (EYC) in the European Union (EU). Through this event, the European Commission (EC) reiterates a 'virtuous circle' – between citizenship, free movement and a sense of belonging – able to bring citizens closer to the EU. This article shows how this 'virtuous circle' tends to translate into a 'tunnel vision' that reduces citizenship to free movement. Through the analysis of EC discourses, of the literature on 'movers' and 'stayers', and of focus groups with young people from Brussels, we suggest to expand the understanding of free movement and its effects. Overall, this article proposes to re-evaluate the scope of the 'virtuous circle' by considering that the 'stayers' are also EU citizens, that free movement is not indisputably an attractive right, and that the movers do not unquestionably feel attached to the EU as a result of their mobility.