Revisiting the Fundamentals of the Free Movement of Persons in EU Law by Niamh N

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How 'free' is the free movement of persons? This collection of essays reconsiders the fundamentals of EU free movement law. Through different examples - posted workers, social security, Brexit, and Union citizenship - each chapter revisits the categories, and the resulting boundaries, that have become entrenched in these laws.

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How 'free' is the free movement of persons? Why does the law that enables it need to be 'revisited'? This collection of essays, curated by Claire Kilpatrick and Joanne Scott for the European University Institute's 2020 Academy of European Law, addresses these questions. Across different examples - migration, posted workers, social security, Brexit, and Union citizenship - each chapter revisits the categories that have become entrenched in EU law on the free movementof persons and the boundaries that have been constructed as a result. Do they still represent meaningful differences? Are they valuable compass points or inhibitors of progress? Do they ensurecomprehensive or fragmented protection of the person? In reconsidering the fundamentals of EU free movement law, the book draws attention to tensions that have not yet been properly resolved: between appropriate difference and problematic discrimination, or between the mythology and the experienced reality of free movement for the people who actually move. Its chapters consider how the free movement of persons connects to and is shaped by the EU legal spaces beyond free movement as well as bythe space beyond law. The contributors do not shy away from provoking a rethink of core principles. They interrogate these fundamentals and the changing objectives of the free movement of persons totake up the challenge of doing it better: of making it both more protective of people and more resilient in ethical, systemic, and sociological terms.

Author Biography

Niamh Nic Shuibhne is Professor of EU Law at the University of Edinburgh. Her research examines substantive EU law from a constitutional perspective, with particular focus on principle-based analysis of free movement and Union citizenship. She was awarded a Leverhulme Trust Major Research Fellowship (2016-2019) to examine how protection of the commitment to equal treatment in EU law came to represent an ideological challenge for the Union: how it became a'confounding' rather than founding EU value. Her current research explores the integrity of the EU legal order as well as the concepts and principles that both constitute and distinguish it. Niamh is a JointEditor of the Common Market Law Review.

Table of Contents

1: Niamh Nic Shuibhne: Introduction: Revisiting EU Law on the Free Movement of Persons2: Ségolène Barbou des Places: Is Free Movement (Law) Fully Emancipated from Migration (Law)?3: Sacha Garben: Posted Workers are Persons Too! - Posting and the Constitutional Democratic Question of Fair Mobility in the European Union4: Niamh Nic Shuibhne: Economic Activity and EU Citizenship Law: Seeding Means-based Logic in a Status-based Freedom5: Martin Ruhs and Joakim Palme: Free Movement and European Welfare States: Why Child Benefits for EU Workers Should Not Be Exportable6: Eleanor Spaventa: Brexit and the Free Movement of Persons: What is EU Citizenship Really About?

Details ISBN0198886276 Author Niamh Nic Shuibhne Publisher Oxford University Press Series Collected Courses of the Academy of European Law Year 2023 ISBN-13 9780198886273 Format Hardcover Imprint Oxford University Press Place of Publication Oxford Country of Publication United Kingdom NZ Release Date 2023-09-05 ISBN-10 0198886276 Pages 224 Audience Professional & Vocational Edited by Niamh Nic Shuibhne Publication Date 2023-08-29 DEWEY 342.24082 UK Release Date 2023-08-29 AU Release Date 2023-11-27 We've got this

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