Publisher's Synopsis
Drawing extensively on the entire body of applicable case law, this
in-depth study analyses what the free movement of persons provisions of the EC
Treaty have come to mean in today’s Europe. The author posits the emergence of
a new constitutional dimension whereby the Member States bear considerable
duties towards Union citizens qua citizens rather than just qua economic
actors―a duty not to interfere with individual rights, a duty to respect
individual rights, and a duty to protect individual rights—duties to be
understood in the context of Union citizenship. Among the relevant issues
scrutinised in the course of the analysis are the following:
• the refinement of the concept of discrimination;
• the notion of ‘non-discriminatory barrier’ and remuneration in relation to the free movement of services;
• non-discriminatory barriers to the freedom of establishment and the movement of workers;
• the inadequacy of the market access test;
• the notion of Union citizenship and its impact on the economic free movement provisions;
• the right to pursue an economic activity free of disproportionate market regulation.
The book contains a detailed and extensive analysis of the relevant case
law. As a deeply-informed assessment of the conceptual underpinnings and
normative potentialities of these fundamental Community rights, Free Movement
of Persons in the European Union will be of inestimable value to academics, as
well as to postgraduate students and others concerned with the ongoing process
of European integration.
