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Durham Law School

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Publication details for Professor Eleanor Spaventa

Spaventa, E. (2007). Free Movement of Persons in the European Union. Barriers to movement in their constitutional context. Alphen aan den Rijn: Kluwer.

Author(s) from Durham

Abstract

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.