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.
Foreword ix
Acknowledgements xi
Introduction xiii
Chapter 1. The Rights of Economic Migrants: An Overview 1
Chapter 2. Exploding the Boundaries: The Case Law on the Free Movement of
Services in the 1990s and Beyond 35
Chapter 3. Barriers to the Free Movement of Workers and Establishment Beyond
Discrimination 63
Chapter 4. Providing a Framework to the Free Movement Provisions: The Narrow
Approach 75
Chapter 5. Market Access: A Concept in Search of a Definition 89
Chapter 6. Union Citizenship 113
Chapter 7. Mr Gebhard Meets Mr Baumbast: Towards a More Coherent Theory of
Free Movement 135
Table of Cases 157
Bibliography 167
Index 177