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Steve Peers, Tamara Hervey, Jeff Kenner, Angela Ward - The EU Charter of Fundamental Rights

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Steve Peers (ed.), Tamara Hervey (ed.), Jeff Kenner (ed.), Angela Ward (ed.)

The EU Charter of Fundamental Rights

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2014

Results in this title

Eleanor Spaventa Article 45 – Freedom of Movement and of Residence S. 1204-1219

„… Article 45Article 45Freedom of Movement and of Residence1. Every citizen of the Union has the …” „… right to move and reside freely within the territory of the Member States.2. Freedom of movement and …” „… (Judgment of 26 February 2013).45.0245.0345.0445.05Art 45 – Freedom of Movement and of Residence Eleanor …”

Gisella Gori Article 14 – Right to Education S. 444-465

„… integration, in particular the freedom of movement of workers and the right not to be discriminated against on …” „… Regulation (EU) 492/2011 on freedom of movement for workers within the Union [2011] OJ L141/1. The new text …” „… non discrimination for EU nationals. Thus, it is linked to Article 45 (freedom of movement and …”

Index S. 1904-1937

„… of scientifi c research, 393–94censorship, 394free movement of knowledge, 394freedom of the internet …” „… other sources, 388–89UN treaties, 383–87Freedom of movement and of residence (Article 45), 1164, 1174–75 …” „… , 1176explanatory note, 1161fi eld of application, 1161–62free movement rights, 1164, 1165freedom to …”

Article 12 – Freedom of Assembly and of Association S. 384-421

„… droit social de l’Union européenne (Paris, LGDJ, 2008) 32.4 Regulation 492/2011 on freedom of movement …” „… the right of an individual exercising his freedom of movement. The Race Directive 2000/435 as well as …” „… government’s reliance on freedom of peaceful assembly as a ground for restricting the free movement of goods …”

Diamond Ashiagbor Article 15 – Freedom to Choose an Occupation and Right to Engage in Work S. 466-479

„… Functioning of the European Union, namely freedom of movement for workers, freedom of establishment and …” „… Treaty on the Functioning of the European Union—freedom of movement for workers, freedom of establishment …” „… complementing Article 45 5 See discussion in section D below.6 Nold (n 1).7 Ie freedom of movement for …”

Diamond Ashiagbor Article 29 – Right of Access to Placement Services S. 838-847

„… , as Article 46(d) TFEU specifies, the measures to facilitate realisation of freedom of movement for …” „… (EEC) 1612/68 on freedom of movement for workers within the Community [1968] OJ L257/2–12.2 EU …” „… Regulation 492/2011 on freedom of movement for workers within the Union [2011] OJ L141/1 …”

Catherine Barnard Article 28 – Right of Collective Bargaining and Action S. 816-837

„… action and is also likely to be a restriction on freedom of movement. This can also be seen in Viking.64 …” „… action, inevitably led to a finding that the economic right to freedom of establishment and free movement …” „… Swia˛kowski, The Laval and Viking Cases: Freedom of Services and Establishment v Industrial Conflict in the …”

Lorna Woods Article 11 – Freedom of Expression and Information S. 354-383

„… Article 11Article 11 Freedom of Expression and Information1. Everyone has the right to freedom of …” „… without interference by public authority and regardless of frontiers.2. The freedom and pluralism of the …” „… of expression. This right shall include freedom to hold opinions and to receive and impart …”

Michele Everson, Rui Correia Gonçalves Article 16 – Freedom to Conduct a Business S. 480-507

„… — the free movement of goods (Art 30 TFEU); — the ‘four freedoms’ of work, establishment, services and …” „… movement of goods. Nevertheless, given the close relationship of these rights with the freedom to conduct …” „… This Article is based on Court of Justice case-law which has recognised freedom to exercise an economic …”

Steve Peers, Sacha Prechal Article 52 – Scope and Interpretation of Rights and Principles S. 1498-1565

„… movement is or the EP’s objectives serves one of the ‘rights and freedoms of others’ (Art 11 ECHR).As for …” „… exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the …” „… essence of those rights and freedoms. Subject to the principle of proportionality, limitations may only be …”

Ronan McCrea Article 10 – Right to Freedom of Thought, Conscience and Religion S. 334-353

„… Article 10Article 10 Right to Freedom of Thought, Conscience and Religion1. Everyone has the right …” „… to freedom of thought, conscience and religion. This right includes freedom to change religion or …” „… . Limitations must therefore respect Article 9(2) of the Convention, which reads as follows: ‘Freedom to …”

Appendix S. 1868-1903

„… Parliament.Article 45Freedom of movement and of residence1. Every citizen of the Union has the right to move and …” „… reside freely within the territory of the Member States.2. Freedom of movement and residence may be …” „… European Union, namely freedom of movement for workers, freedom of establishment and freedom to provide …”

Jens Vested-Hansen Article 7 – Respect for Private and Family Life (Private Life, Home and Communications) S. 196-225

„… restriction on freedom of movement and residence and of the justification for such restriction primarily on …” „… examined as a matter of restriction on freedom of movement and residence, rather than as one of …” „… obstruct the exercise of freedom of movement for persons only if the measure in question takes account of …”

Ruth Lamont Article 24 – The Rights of the Child S. 704-735

„… 1612/68 on freedom of movement for workers within the Community [1968] OJ L257. Now replaced by Regulation …” „… 492/2011/EU on freedom of movement for workers within the Union [2011] OJ L141/1. 9 Regulation 1612/68 …” „… Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union [2011] OJ L …”

Niilo Jääskinen Fundamental Social Rights in the Charter—Are They Rights? Are They Fundamental? S. 1746-1757

„… adequate health services and personal freedom in the context of involuntary psychiatric care.All developed …” „… the free movement of workers, without creating a Community-level social security system.6In the 1970s …” „… UN Universal Declaration of Human Rights of 1948, that included both classical freedom rights and …”

Rachael Craufurd Smith Article 22 – Cultural, Religious and Linguistic Diversity S. 648-675

„… TEU, and include ‘respect for human dignity, freedom, democracy, equality, the rule of law and respect …” „… freedom of opinion, press and of association and the dealing with the profession of faith or ideology’ are …” „… different legal systems and traditions of the Member States within the area of freedom, security and justice …”

Tamara Hervey, Jean McHale Article 35 – The Right to Health Care S. 994-1011

„… respect for private and family life (Art 7), the right to found a family (Art 9), freedom of thought …” „… Croatian Constitution; Art 4 Czech Charter of Fundamental Rights and Freedoms; Art 28 of the Estonian …” „… business. It found that ‘the prohibition does not in any way affect the actual substance’ of those freedoms …”

Violeta Moreno-Lax, Cathryn Costello The Extraterritorial Application of the EU Charter of Fundamental Rights: From Territoriality to Facticity, the Effectiveness Model S. 1700-1727

„… reference to EU extraterritorial actions in the Area of Freedom, Security and Justice, and Common Foreign …” „… fundamental rights: Article 2 TEUThe Union is founded on the values of respect for human dignity, freedom …” „… Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the …”

Daniel Wilsher Article 6 – Right to Liberty and Security S. 164-195

„… freedom of movement and detention during the asylum procedure. The Dublin II Regulation12 determines the …” „… detention is permitted in such cases. For non-EU citizens, Article 45(2) says that freedom of movement and …” „… has the right to freedom of movement and residence with the borders of each State.’ These basic ideas …”

Shazia Choudhry Article 7 – Right to Respect for Private and Family Life (Family Life Aspects) S. 226-265

„… impacted upon families and 1 K Lundström, ‘Family life and the freedom of movement of workers in the …” „… CharterIII. Free Movement, Immigration and Asylum The second area affecting children concerns freedom of …” „… States. Free movement of persons constitutes one of the fundamental freedoms of the internal market. In …”

Bruno de Witte Article 53 – Level of Protection S. 1566-1581

„… occasionally refers to the free movement provisions of the TFEU as ‘fundamental freedoms’ or ‘fundamental …” „… Protection of Human Rights and Fundamental Freedoms, and by the Member States’ constitutions. Text of …” „… Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms …”

Shazia Choudhry Article 9 – Right to Marry and Right to Found a Family S. 310-333

„… to provide services (Art 56 of the TFEU) and the freedom of movement (Art 48 of the TFEU) within the …” „… Article 3 (right to integrity), Article 35 (right to healthcare) and Article 45 (freedom of movement and …” „… freedom of movement of transgender individuals seeking to marry or have their relationship officially …”

Herke Kranenborg Article 8 – Protection of Personal Data S. 266-309

„… regard to the processing of personal data and on the free movement of such data1 as well as on Article 8 …” „… of personal data by the Community institutions and bodies and on the free movement of such data.3 The …” „… protect the right to privacy with respect to the processing of personal data as well as the free movement …”

Steve Weatherill Article 38 – Consumer Protection S. 1048-1069

„… activity. The first is the application of the Treaty provisions on free movement, where it has been common …” „… Fundamental Freedoms. Article 38 of the Charter therefore appears to promise that the EU is an unusually …” „… movement, where the frequent defence of national measures that purport to protect the consumer but which …”

Claire Kilpatrick Article 21 – Non-Discrimination S. 622-647

„… number of the enumerated grounds in Article 21(1).11 Further, some of the freedoms and rights protected …” „… grounds of trade union membership. The same can be said of the protection of freedom of thought …” „… . Article 15(3) of the Charter is also relevant in that, under the broader rubric of protecting freedom to …”

Debbie Sayers Article 13 – Freedom of the Arts and Sciences S. 422-443

„… Article 13Article 13Freedom of the Arts and SciencesThe arts and scientific research shall be free …” „… of constraint. Academic freedom shall be respected.Text of Explanatory Note on Article 13This right …” „… is deduced primarily from the right to freedom of thought and expression. It is to be exercised …”

Angela Ward Article 51 – Field of Application S. 1456-1497

„… enshrined in the Charter also to restrictions on freedom of movement under Article 21 TFEU.’ The Court made …” „… general limitation on the exercise of the rights and freedoms recognised by the Charter (Art 52(1))14 and …” „… rights and freedoms recognised by this Charter must be provided for by law and respect the essence of …”

Jonathan Tomkin Article 50 – Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence S. 1416-1455

„… several Contracting States on account of the fact that he exercises his right to freedom of movement’.151 …” „… many barriers to freedom of movement within the Schengen Area as there are penal systems in the …” „… Fernández-Martín, ‘Some Reflections on Schengen Free Movement Rights and the Principle of Ne Bis In Idem’ (2007–08 …”

Lorna Woods Article 54 – Abuse of Rights S. 1582-1599

„… any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth …” „… D Voorhoof, ‘The Abuse Clause and Freedom of Expression in the European Human Rights Convention: An …” „… 29.JA Frowein, ‘Incitement against Democracy as a Limitation of Freedom of Speech’, in D Kretzmer and …”

Charlotte O’Brien Article 26 – Integration of Persons with Disabilities S. 752-791

„… —which provides that ‘the enjoyment of the rights and freedoms set forth in this Convention shall be …” „… and fundamental freedoms and of full participation by persons with disabilities’ is expected to result …” „… abolishing of obstacles to the free movement of persons, goods and services between Member States’.122 The …”

Olivier De Schutter The Implementation of the Charter by the Institutions of the European Union S. 1670-1699

„… Freedom Party of Austria (FPÖ) in February 2000, after the FPÖ had won 29 per cent of the votes in the …” „… dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights …” „… , both to contribute to the mutual trust in the establishment of an area of freedom, security and justice …”

Allan Rosas The Charter and Universal Human Rights Instruments S. 1728-1745

„… more concrete rights and freedoms to be applied in the Union internally, notably in the context of …” „… Rights of the Child and International Labour Organisation (ILO) Convention No 87 concerning Freedom of …” „… the economic freedoms recognised in the ECT and fundamental rights,38 more specifically, the right of …”

Heli Askola Article 5 – Prohibition of Slavery and Forced Labour S. 144-163

„… the prohibition of child labour and protection of young people at work (Art 32). Freedom of movement …” „… typically entail restricting the freedom of movement of the persons targeted.C. Sources of Rights under …” „… labour and trafficking also touch on various ‘freedoms’ in Chapter II, such as liberty and security of …”

Valsamis Mitsilegas Article 49 – Principles of Legality and Proportionality of Criminal Offences and Penalties S. 1394-1415

„… consequences of the execution of an EAW with regard to restrictions on physical freedom and the free movement …” „… Mitsilegas, ‘The Transformation of Criminal Law in the Area of Freedom, Security and Justice’ (2007) 26 …” „… Trust in Europe’s Area of Freedom, Security and Justice From Automatic Inter-state Cooperation to the …”

Elspeth Guild Article 19 – Protection in the Event of Removal, Expulsion or Extradition S. 586-605

„… Inter-American Convention on Human Rights 1969 provides at Article 22(9) for freedom of movement and protection …” „… Nordic Journal of International Law 457–79.CJ Chido, ‘Peril of Movement: Migrating Roma Risk Expulsion as …” „… EU Member States Test the Limits of the Free Movement Directive’ (2011) 20 Tulane Journal of …”

Colm O’Cinneide Article 25 – The Rights of the Elderly S. 736-751

„… substantial body of case law.1 EU free movement rules can also have a substantial impact on the lives of older …” „… procurement and the free movement of services is likely to play an increasingly prominent role in regulating …” „… market and the establishment of a common area of freedom, security and justice also have the potential to …”

Titelei/Inhaltsverzeichnis S. 1-43

„… Respect for Private and Family Life) ..............................228 II. Article 11 (Freedom of …” „… .................................................................................................................290Article 10 – Right to Freedom of Thought, Conscience and Religion .......................291Ronan …” „… ................................................................................................................309Article 11 – Freedom of Expression and Information …”

Catherine Dupré Article 1 – Human Dignity S. 44-67

„… all members of the human family is the foundation of freedom, justice and peace in the world.’It …” „… four types of issue. First, workers’ free movement legislation should take into account their ‘family …” „… Treaty (thereafter TEU) enshrines dignity as the first of its foundational values (together with ‘freedom …”

Kees Groenendijk Article 40 – Right to Vote and to Stand as a Candidate at Municipal Elections S. 1100-1111

„… criteria restrict the discretion of Member States.Article 12 of the Charter guarantees the right to freedom …” „… his country.The UN Human Rights Committee held that the right to freedom of association, including the …” „… the free movement provisions on equal treatment of workers in the EEC Treaty ‘shall not apply to …”

Sabine Michalowski Article 3 – Right to the Integrity of the Person S. 82-103

„… . The right to free movement of goods as well as the freedom to provide and receive services and the …” „… that are designed to promote public health, or restrictions on freedom of movement imposed by Member …” „… freedom of establishment incidentally award healthcare-related rights, such as the right to be reimbursed …”

Elizabeth Wicks Article 2 – Right to Life S. 68-81

„… medical treatment in another Member State has been recognised as an aspect of free movement to provide and …” „… more information on freedom of services as regards healthcare, see TK Hervey and JV McHale, Health Law …” „… violated the freedom to provide and receive services due to the lack of a commercial element to the service …”

Maarten den Heijer Article 18 – Right to Asylum S. 562-585

„… (respect for private and family life), 10 (freedom of religion), 21 (non-discrimination), 41 (right to good …” „… of a Contracting Party, he must be secured the rights and freedoms of the ECHR (Art 1). II. UN …” „… other Member States. Even though Union law has thus facilitated the free movement of beneficiaries of …”

Robin White Article 34 – Social Security and Social Assistance S. 970-993

„… systems (corrected version) [2004] OJ L200/1, as amended; and Regulation 492/2011 on freedom of movement …” „… grounds of sex in relation to the benefits within 69 Regulation 492/2011 on freedom of movement for …” „… ) coordination of the social security systems of the Member States in order to avoid barriers to free movement …”

Lamin Khadar, Jo Shaw Article 39 – Right to Vote and to Stand as a Candidate at Elections to the European Parliament S. 1070-1099

„… development of free movement rights under the Treaty and the desire promote the political integration of EU …” „… citizens who had taken advantage of their free movement rights and, on the other hand, the struggle towards …” „… free movement rights, there was still no universal 33 See above at n 4.34 Most of the limited aspects …”

Article 17 – Right to Property S. 508-561

„… intention of public authorities. Hence, in the context of the freedom to exercise an economic activity, the …” „… public good or the protection of rights and freedoms of other persons (Article 52(1) sentence 2).120 Such …” „… freedoms122 and from international obligations of the Union.123 In this respect, the objectives of health …”

Mats Lindfelt Article 44 – Right to Petition S. 1194-1203

„… Parliament receives a great number of petitions dealing with issues of the environment, freedom of movement …” „… effective remedy, stating that ‘Everyone whose rights and freedoms guaranteed by the law of the Union are …” „… as a fundamental right in Article 23 of the Declaration of Fundamental Rights and Freedoms in 1989 …”

Anthony Arnull Protocol (No 30) on the Application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom S. 1638-1655

„… Union, the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental …” „… of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it …” „… European Union), 2011/0817(NLE), Rapporteur: Andrew Duff.Lord Goldsmith, ‘A Charter of Rights, Freedoms and …”

Jeff Kenner Article 30 – Protection in the Event of Unjustifi ed Dismissal S. 848-875

„… Court of Justice has, however, made reference to Article 16 of the Charter laying down the freedom to …” „… Article 3.Article 10 on freedom of thought, conscience and religion, corresponding to Article 9 ECHR, is …” „… of direct relevance in cases where termination of employment is in violation of the freedom to hold …”

Alan Bogg Article 31 – Fair and Just Working Conditions S. 876-911

„… , 2011).Lord Goldsmith, ‘A Charter of Rights, Freedoms and Principles’ (2001) 38 Cambridge Modern Law …” „… as a defence to employers’ use of free movement provisions under the TFEU. The facts in ITWF v 2 See …” „… the employer’s use of free movement provisions in that case.8 The reference to ‘every’ worker in …”

Helen Stalford Article 32 – Prohibition of Child Labour and Protection of Young People at Work S. 912-933

„… 23.23 Regulation 492/2011 on freedom of movement for workers within the Union [2011] OJ L141/1. 24 See …” „… purposes of EU law shifts again in the context of free movement law, to include the direct descendants of …” „… Article 32 Article 32 Prohibition of Child Labour and Protection of Young People at WorkThe …”

Manfred Nowak, Anne Charbord Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment S. 104-143

„… Effective Delivery of Fundamental Rights in the Area of Freedom, Security and Justice (CEPS Paper in Liberty …” „… Rights on the Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism (A/HRC/4/88 …” „… an area of freedom, security and justice, and the broadening of external competencies in the EU’s …”

Paul Gragl Agreement on the Accession of the European Union to the European Convention on Human Rights S. 1768-1867

„… fundamental freedoms;Considering that the accession of the European Union to the Convention will enhance …” „… Fundamental Freedoms constitutes an integral part of this Convention.’3. Accession to the Convention and the …” „… Freedoms. A co-respondent is a party to the case. The admissibility of an application shall be assessed …”

Debbie Sayers Article 48 – Presumption of Innocence and Right of Defence (Criminal Law) S. 1346-1393

„… take’.5Finally, Article 51 of the Charter confirms that Charter rights and freedoms apply primarily to …” „… and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down …” „… required. The creation of an ‘Area of Freedom, Security and Justice’ (AFSJ) as an objective of the EU in …”

Dagmar Schiek Article 23 – Equality between Women and Men S. 676-703

„… freedom. In international human rights law, tensions between protection of minorities and equality of …” „… women and men as well as frictions between freedom of thought, conscience and religion and gender …” „… imply a movement towards each other, rather than of women towards men, it still maintains the …”

Pekka Aalto, Herwig CH Hofmann, Liisa Holopainen, Elina Paunio, Laurent Pech, Debbie Sayers, Dinah Shelton, Angela Ward Article 47 – Right to an Effective Remedy and to a Fair Trial S. 1240-1319

„… freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a …” „… Article 13 of the ECHR:‘Everyone whose rights and freedoms as set forth in this Convention are violated …” „… enforcement of EU law guaranteed ‘rights and freedoms’. Nonetheless the focus of international human rights …”

doi.org/10.5771/9783845259055

Jürgen Bast, Frederik von Harbou, Janna Wessels - Human Rights Challenges to European Migration Policy

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Jürgen Bast, Frederik von Harbou, Janna Wessels

Human Rights Challenges to European Migration Policy

Series: Schriften zum Migrationsrecht

Volume 36 2022

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Chapter 2 – Ensuring Liberty and Freedom of Movement S. 64-113

„… – Ensuring Liberty and Freedom of MovementThe authority to admit and expel non-nationals is …” „… – Ensuring Liberty and Freedom of Movement66Trend 1: More frequent and systematic use of detention for a …” „… Internierungslager’, Zeitschrift für Ausländerrecht (ZAR) 165.Chapter 2 – Ensuring Liberty and Freedom of Movement68 …”

Summary S. 267-290

„… Parliament to adopt a Regulation to this effect. Ensuring Liberty and Freedom of MovementChapter 2 focuses on …” „… immigration detention and other restrictions on the freedom of movement. Detention is understood as …” „… Liberty and Freedom of Movement271locations such as specialized administrative facilities, prisons, or …”

Titelei/Inhaltsverzeichnis S. 1-14

„… General framework: The rights to liberty, to freedom of movement, and to adequate treatment2.2.175Specific …” „… Freedom of Movement2. 271Guaranteeing Procedural Standards3. 276Preventing Discrimination4. 279Preserving …” „… MovementChapter 2 64Structural challenges and current trends2.1 65Trend 1: More frequent and systematic use of …”

Chapter 6 – Guaranteeing Socio-Economic Rights S. 208-242

„… ) (2020) 271, at 278.208present and future ‘unwanted’ migrants, States limit their freedom of movement …” „… ’). Accordingly, asylum seekers do not enjoy freedom of movement in Europe but must remain in the State to which …” „… cooperation again. Both the VBL and the gezinslocaties have (quite) severe restrictions on freedom of movement …”

Chapter 4 – Preventing Discrimination S. 143-173

„… governed by EU law and the freedom of movement within Union territory. Where legal and political discourse …” „… all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as …” „… freedoms’ in any field of public life (Art. 1(1) ICERD). The Convention lays down 452 On the historical …”

Chapter 7 – Fostering Human Rights Infrastructure S. 243-266

„… ‘indivisible, universal values of human dignity, freedom, equality and solidarity’. Furthermore, with the …” „… charge of asylum cases but also of cases concerning elections or freedom of assembly. These courts would …” „… and to strive for the protection and realization of human rights and fundamental freedoms at the …”

Chapter 3 – Guaranteeing Procedural Standards S. 114-142

„… is also reflected in the Union’s objectives guiding the creation of an Area of Freedom, Security and …” „… (Visa Code).342 Art. 14(3) Regulation 2016/399 on a Union Code on the rules governing the movement of …” „… the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice) in …”

Chapter 5 – Preserving Social and Family Ties S. 174-207

„… the EU’s newly proclaimed Area of Freedom, Security and Justice.522 Human Rights discourse in the …” „… interest of migrants to maintain and develop family and other social ties in the place of their residence …” „… and, on the other hand, the selective logic of States’ migration governance. States may refuse to …”

Chapter 1 – Ensuring Access to Asylum S. 28-63

„… movement of persons across borders (Schengen Borders Code).Chapter 1 – Ensuring Access to Asylum48an …” „… disembarkation in territories where the lives and freedoms of those alleging a well-founded fear of persecution …” „… – Ensuring Access to AsylumAsylum policy is the subfield of European migration policy that most …”

doi.org/10.5771/9783748926740

Elena Calandri, Simone Paoli, Antonio Varsori - Peoples and Borders

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Elena Calandri (ed.), Simone Paoli (ed.), Antonio Varsori (ed.)

Peoples and Borders

2017

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Alice CUNHA new border for Portuguese workers: EEC accession and freedom of movement S. 237-254

„… A new border for Portuguese workers: EEC accession and freedom of movement Alice CUNHA Abstract …” „… of workers during the 1970s and 1980s, this chapter analyses the narrative of freedom of movement for …” „… freedom of movement for people, goods, services and capital. The freedom of movement of workers represents …”

Marcel BERLINGHOFF Labour migration: common market essential or common problem? The EC Committees and European immigration stops in the early 1970s S. 155-176

„… between the member states in matters concerning the freedom of movement of workers and their employment …” „… . Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the …” „… to freedom of movement of workers and their employment; the formulation of procedures for the …”

Willem MAAS Free movement and the difference that citizenship makes S. 91-108

„… Their Families”; European Council, “Regulation 1612/68 of 15 October 1968 on Freedom of Movement for …” „… Maas, Freedom of Movement Inside ‘Fortress Europe,’ in: Elia Zureik and Mark B. Salter (eds.), Global …” „… freedom of movement. In fact, it is from the 1999 intergovernmental negotiations on Canada’s social union …”

Dimitris PARSANOGLOU, Giota TOURGELI The Intergovernmental Committee for European Migration (ICEM) as part of the post-WWII ‘world-making’ S. 37-56

„… emphasised his administration’s commitment to a new ‘Fifth Freedom’ – that of movement – the Cold War …” „… advanced technical systems and bureaucratic mechanisms, the Western notion of ‘freedom of movement’ was …” „… freedom of movement. In addition, through the ICEM, sending countries acquired more effective means of …”

Beatrice SCUTARU Roma population on the move: national belonging versus European problem S. 281-300

„… European legislation on freedom of movement had to be expelled. He also promised legislative amendments …” „… /EC (henceforth EU Directive) on freedom of movement'.58 This Directive authorised the expulsion of EU …” „… freedom of movement in the European Union', calling upon France to suspend its expulsions of Roma …”

Cristina BLANCO SÍO-LÓPEZ Unveiling covectors. Correlating migration and EC enlargement in the case of Spain S. 211-236

„… the European Parliament of 21 December 1991 on freedom of movement for Portuguese and Spanish workers …” „… Spanish Federal Council of the European Movement, who recalls that: As a notary in Fontiveros, I …” „… think there were 23 of them — pro-European associations which joined the European Movement. The European …”

Titelei/Inhaltsverzeichnis S. 1-5

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 Alice CUNHA A new border for Portuguese workers: EEC accession and freedom of movement …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Jacek TEBINKA The movement of Poles to Great Britain during the Cold War. Breaking the Iron …” „… Nomos Journal of European Integration History Revue d’Histoire de l’Intégration Européenne …”

Paweł JAWORSKI Through the Iron Curtain. The 1974 Polish-Swedish Treaty covering travel without visas and its consequences S. 177-190

„… created in Poland and, in 1980, the struggle for freedom led to the eruption of the mass movement called …” „… , facilitating movement between Sweden and Poland, led to a feverish renewal of activity on the part of the …” „… Communist countries against 'the Polish plague' of freedom. An open democratic opposition was in fact …”

Roberto VENTRESCA Italian migration policies at the beginning of the European integration process: fruitless attempts? S. 57-76

„… these measures, workers' freedom of movement would strongly increase, reaching complete abrogation of …” „… the movement of people.20 After WWII, this pattern changed in Italy as well as in the Western world …” „… the Liberalisation of Manpower Movements, 23.6.1952. 84. ACS, MM. LL. PP., Divisione IX, OECE 407, 8 …”

Simone PAOLI France and the origins of Schengen: an interpretation S. 255-280

„… was eager to ensure freedom of movement for persons and vehicles with a view to the imminent …” „… Globalised World, Zurich; Münster 2006, pp. 193-194; Jörg Monar, The “Area of Freedom, Security and Justice …” „… aware that free movement of persons 9. Franziska Doebler-Hagedorn, The state at its borders: Germany and …”

Jacek TEBINKA The movement of Poles to Great Britain during the Cold War. Breaking the Iron Curtain S. 129-138

„… The movement of Poles to Great Britain during the Cold War. Breaking the Iron Curtain Jacek TEBINKA …” „… Populations in England and Wales in 2011, Office for the National Statistics, 2013. The movement of Poles to …” „… the Communist Party and liberalisation of the system: suspension of collectivisation, greater freedom …”

Yves DENÉCHÈRE Regulating a particular form of migration at the European level: the Council of Europe and intercountry adoptions (1950-1967) S. 77-90

„… movements of displaced, refugee, lost, and surviving children. These transfers constituted de facto …” „… intra-European movements of people, of which international adoptions were the most successful legal …” „… movements – with the children's home countries and their host countries – how did the Council of Europe …”

Giulia BENTIVOGLIO Redefining immigration through citizenship? Britain and the case of the 1981 Nationality Act S. 191-210

„… , nevertheless those new provisions affected freedom of movement within the Community as well as essential …” „… provisions of the European Convention on Human Rights. Both the principle of freedom of movement enshrined in …” „… Britain became a Member State of the European Community, adhering to the principle of the free movement of …”

Sławomir ŁUKASIEWICZ Central and Eastern European Cold War émigrés in the European integration process S. 139-154

„… during and after the Second World War Even today, we have no a definitive picture of the movement of …” „… life in Paris. 144 Sławomir ŁUKASIEWICZ Europe in The Hague and the creation of the European Movement …” „… leadership of M. Mikhelson. These brief examples show how rich the Central European federal movement might …”

doi.org/10.5771/9783845277868

Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier - International and European Labour Law

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Edoardo Ales (ed.), Mark Bell (ed.), Olaf Deinert (ed.), Sophie Robin-Olivier (ed.)

International and European Labour Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

Results in this title

Ségolène Barbou des Places Regulation (EU) 492/2011 on freedom of movement for workers within the Union S. 785-800

„… freedom of movement for workers within the Community.1 Regulation 1612/68 was enacted in the context of …” „… market. Its purpose was to secure freedom of movement within the EU for workers and their family by the …” „… Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement of workers within the …”

Ségolène Barbou des Places Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers S. 800-806

„… context of freedom of movement for workers I. Foreword …” „… Article 45 TFEU and Regulation 492/2011. The freedom of movement of European workers is crucial for the EU …” „… Monti Report of 9 May 2010,2 asked by President Barroso, shows that while freedom of movement of workers …”

Giovanni Orlandini Article 21 TFEU S. 26-41

„… Freedom of Movement of Persons (Martinus Nijhoff, Leiden 2008); Cousins, Mel, ‘Citizenship, residence and …” „… strict link existing between the non-discrimination principle and the freedom of movement, the latter can …” „… freedom of movement and the principle of non-discrimination on grounds of nationality beyond the scope of …”

Massimo Pallini Article 62 TFEU S. 77-94

„… freedoms of movement (goods, capital and persons),1 as well as in terms of the “undertaking” developed by …” „… the freedom of movement must be identified not only with regard to those that restrict market access …” „… purpose-oriented interpretation of the freedom of movement.12 Against that backdrop, the Court applied …”

Giovanni Orlandini Article 45 TFEU S. 41-66

„… and Pensions ECLI:EU:C:2004:172 2004] ECR I-2703 Article 45 TFEU 1. Freedom of movement for workers …” „… shall be secured within the Union. 2. Such freedom of movement shall entail the abolition of any …” „… , ‘Article 45 [Freedom of movement for workers]’ in R Geiger, D E Khan, M Kotzur (eds), European Union …”

Giovanni Orlandini Article 46 TFEU S. 66-68

„… required to bring about freedom of movement for workers, as defined in Article 45, in particular: (a) by …” „… the measures needed to carry out the freedom of movement for workers, provided for by Article 45 TFEU …” „… provided for an implementation of the freedom of movement “by progressive stages” and for “systematically …”

Giovanni Orlandini Article 48 TFEU S. 69-76

„… , adopt such measures in the field of social security as are necessary to provide freedom of movement for …” „… protect social security rights of workers exercising the freedom of movement within the EU. A freedom as …” „… freedom of movement for workers implies that they can retain their right to the social security benefit in …”

Article 59 TFEU S. 76-77

„… not governed by the provisions relating to freedom of movement for goods, capital and persons …” „… freedom to provide services within the Union shall be prohibited in respect of nationals of Member States …” „… . Freedom to provide services in the field of transport shall be governed by the provisions of the Title …”

Alexandre Defossez Directive 96/71/EC concerning the posting of workers in the framework of the provision of services S. 643-664

„… concerned about restrictions to the freedom of movement would jeopardize their growth (Portugal, Spain) and …” „… freedom to provide service and not the free movement of worker may appear surprising. EU Court’s case law …” „… ?’ (2008) IJCLLIR 175 and A Desmazières de Séchelles, ‘Free Movement of Workers and Freedom to Provide …”

Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier General Introduction

„… and related fields. – Workers’ Mobility: • freedom of movement; • rights of migrant workers; • private …” „… the four economic freedoms (free movement of goods, persons, services and capital), which form the …” „… Introduction XXXVI Edoardo Ales, Mark Bell, Olaf Deinert and Sophie Robin-Olivier 11 12 13 14 free movement of …”

Edoardo Ales, Mark Bell Fundamental Provisions: Introduction S. 1-7

„… movement of workers.4 Workers are also affected by the other economic freedoms, especially the freedom of …” „… because it provides for the free movement of persons, goods, services and capital. The free movement of …” „… establishment and the freedom to provide services within the internal market. The most vivid illustration of the …”

Myriam Benlolo Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States S. 692-713

„… legislative instruments concerning freedom of movement and residence, or restrictions on these rights on …” „… 2011 on freedom of movement of workers within the Union, OJ L 141, 27.05.2011, p. 1. 4 Article 38, CRD …” „… in the host Member State and has not made use of the right to freedom of movement cannot, for that …”

Marta Otto Article 8 CFREU Protection of personal data S. 937-942

„… individuals with regard to the processing of personal data and on the free movement of such data)3 as well as …” „… Protection of Human Rights and Fundamental Freedoms (ECHR)4 and the Council of Europe Convention for the …” „… and on the free movement of such data [1995] OJ L 281, p. 0031–0050. 4 Convention for the Protection …”

Mark Bell Introduction S. 641-643

„… PART 3 WORKERS’ MOBILITY Introduction The movement of workers from one country to another might be …” „… international labour law. This is especially true for EU law, where the free movement of workers was one of the …” „… that pertains to the movement of EU citizen workers within the Union. In international labour law …”

Daniel Ulber Article 28 CFREU Right of collective bargaining and action S. 1457-1492

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 cc) Freedom of movement of workers …” „… (UEFA) v Jean-Marc Bosman (Freedom of movement for workers) [2002] ECR I-01577; Case C-51/96 Christelle …” „… Verein (Freedom of movement of goods), ECLI:EU:C:2012:453. 53 For the freedom of movement for workers e.g …”

Marta Otto Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – GDPR) S. 958-981

„… regard to the processing of personal data and on the free movement of such data (General Data Protection …” „… data and rules relating to the free movement of personal data. 2. This Regulation protects fundamental …” „… rights and freedoms of natural persons and in particular their right to the protection of personal data …”

Massimo Pallini Article 56 TFEU S. 76

„… not governed by the provisions relating to freedom of movement for goods, capital and persons …” „… freedom to provide services within the Union shall be prohibited in respect of nationals of Member States …” „… . Freedom to provide services in the field of transport shall be governed by the provisions of the Title …”

Article 57 TFEU S. 76

„… not governed by the provisions relating to freedom of movement for goods, capital and persons …” „… freedom to provide services within the Union shall be prohibited in respect of nationals of Member States …” „… . Freedom to provide services in the field of transport shall be governed by the provisions of the Title …”

Article 58 TFEU S. 76

„… not governed by the provisions relating to freedom of movement for goods, capital and persons …” „… freedom to provide services within the Union shall be prohibited in respect of nationals of Member States …” „… . Freedom to provide services in the field of transport shall be governed by the provisions of the Title …”

David Fennelly International Convention on the Elimination of All Forms of Racial Discrimination: Articles 1, 2 and 5 (ICERD) S. 444-449

„… service; (d) Other civil rights, in particular: (i) The right to freedom of movement and residence within …” „… fundamental freedoms in the political, economic, social, cultural or any other field of public life. 2. This …” „… individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial …”

Sylvaine Laulom Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies S. 981-996

„… ‘worker’ The concept of ‘worker’ is defined by the ECJ in the areas of freedom of movement of workers and …” „… between the area of freedom of movement of workers and the Transfer of Undertakings Directive. In the …” „… rules on freedom of movement for workers would be frustrated, since the meaning of the term could be …”

Article 60 TFEU S. 77

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 IV. Public policy as the only lawful reason of restriction for free movement of services …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 V. Searching a new (socially fair) balance between free movement of services and social rights …” „… to those services which directly affect production costs or the liberalisation of which helps to …”

Article 61 TFEU S. 77

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 IV. Public policy as the only lawful reason of restriction for free movement of services …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 V. Searching a new (socially fair) balance between free movement of services and social rights …” „… to those services which directly affect production costs or the liberalisation of which helps to …”

Etienne Pataut Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I) – Articles 8 and 9 S. 664-674

„… complex, due to the particular nature of the freedom of movements of the EU. It was argued that the …” „… mandatory application of the law of the forum hindered the freedom of movement of services, since it led to …” „… constitute an undue restriction of the employer’s freedom of movement. In the words of the ECJ (operative …”

Olaf Deinert Introduction: Working Conditions S. 934-937

„… churches.5 The freedom of thought, conscience and religion according to article 9 may impose a protection …” „… her religious expression.7 From article 10 derives a right to freedom of expression also at the …” „… the fundamental freedoms that have been regarded as necessary for the functioning of a European market …”

Titelei/Inhaltsverzeichnis

„… qualifications . . . . . . . . . . . . . . . . . .Directive 2005/36/EC 713 on freedom of movement for workers …” „… of rights conferred on workers in the context of freedom of movement for workers . . . . . Directive …” „… international labour law and on freedom of movement of workers and citizens. His most recent research focuses on …”

Elaine Dewhurst Article 19 RESC The right of migrant workers and their families to protection and assistance S. 313-316

„… movement of services and the promotion of the freedom of an employer or undertaking to provide services in …” „… prescribed by law and be necessary in a democratic society for the protection of the rights and freedoms of …” „… ).21 The new Swedish laws were introduced as a means of conforming with EU law on free movement …”

Marie-Ange Moreau ILO Convention 29 Forced Labour Convention, 1930 (No. 29) S. 1049-1073

„… administrative, suppression of rights, freedom of movement, wages etc. is included. Even the risk of dismissal is …” „… on the freedom of workers to terminate employment (Convention N° 29 …” „… Conventions or not. These categories are: freedom of association and the effective recognition of the right to …”

Ellen Birkhahn, Ulla Gläßer Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters S. 1650-1678

„… Art. 8 RESC 6 Measures – in the context of freedom of movement 3 II Dir. 2014/54 1 et seqq. Mediation …” „… justice, as part of the policy of the European Union to establish an area of freedom, security and justice …” „… – freedom of contract 1 II Art. 52 CFREU 9 – freedom to organise 7 Introduction 10 – impact 5 I Art. 30 …”

Giovanni Orlandini Article 47 TFEU S. 68-69

„… , adopt such measures in the field of social security as are necessary to provide freedom of movement for …” „… of intervention that the European legislator should adopt to give full implementation to the freedom …” „… of movement for workers. Letters b) and c) urge for the removal of national norms and praxis with …”

Valérie Michel Directive 2005/36/EC on the recognition of professional qualifications S. 713-785

„… law remains applicable. This means that notaries do benefit from the freedoms of movement, subject to …” „… reason of general interest which justifies potential restrictions” 12 on the freedoms of movement. While …” „… technique of the point of single contact is used to facilitate freedom of movement. Lastly, the EPC is valid …”

Alexandre Defossez Directive 2014/67/EU on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services S. 677-692

„… legislative instruments concerning freedom of movement and residence, or restrictions on these rights on …” „… 2011 on freedom of movement of workers within the Union, OJ L 141, 27.05.2011, p. 1. 4 Article 38, CRD …” „… of workers by placement agencies: free movement of services “must be interpreted as precluding …”

Jeff Kenner Article 151 TFEU S. 143-150

„… working conditions as a result of companies taking advantage of the freedoms offered by the internal …” „… Article 151 in the context of the internal market freedoms, observing that:29 Since the [Union] has thus …” „… free movement of goods, persons, services and capital must be balanced against the objectives pursued …”

Paola Saracini Article 54 CFREU Prohibition of abuse of rights S. 248-253

„… freedom of movement – that for the individuals operating within the legal order ‘Community law cannot be …” „… activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in …” „… of the rights and freedoms provided for therein. In particular, this article codifies the prohibition …”

Paola Saracini Article 53 CFREU Level of protection S. 244-248

„… rights must not conflict with the fundamental freedom of movement for services and goods.15 10 Case C …” „… Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States …” „… of human rights and fundamental freedoms offered by Union law, national constitutions and …”

Anne Trebilcock ILO Convention 87 Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), Convention 98 – Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and Convention 154 – Collective Bargaining Convention, 1981 (No. 154) S. 1492-1513

„… CHAPTER II NON EU LAW ILO Convention 87 Freedom of Association and Protection of the Right to …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 III. Relationship with other provisions on freedom of association and collective bargaining …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 I. Background to ILO Conventions Nos. 87, 98 and 154 The critical importance of freedom of …”

Elaine Dewhurst Introduction: Labour Rights of Third-Country National Workers in the European Union S. 806-840

„… available to the public and to procedures for obtaining housing; (g) freedom of association and affiliation …” „… protection of the right to freedom of association and associated rights. What is meant by equal treatment as …” „… examination.61 In addition, the Directive protects the right of freedom of association and affiliation and …”

Anna Alaimo Pre. Articles 101–106 TFEU S. 94-97

„… economic and fundamental freedoms of the internal market (freedom of movement/establishment/provide …” „… Constitutional Treaty, “The Union shall offer its citizens an area of freedom, security and justice without …” „… Chapter IV of the Charter of Fundamental Rights of the EU4. The same “Freedom to conduct a business, as …”

Edoardo Ales Article 29 CFREU Right of access to placement services S. 195-200

„… and to pursue a freely chosen or accepted occupation. 2. Every citizen of the Union has the freedom to …” „… the legal classification of “the right to engage in work” as a freedom right has to be coordinated …” „… “particularly serious form of denial of freedom”, which includes, “in addition to the obligation to perform …”

Ryszard Cholewinski ILO Conventions 97 and 143 Migration for Employment Convention (Revised), 1949 (No. 97) and Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) S. 848-868

„… provide for freedom of movement and integration of migrant workers from such countries within regional …” „… development in conditions of freedom and dignity, of economic security and equal opportunity”. 8 Resolution …” „… arose out of a concern to facilitate the movement of labour while at the same time ensuring equality of …”

Anna Alaimo Article 102 TFEU S. 107-111

„… and 90 of the Treaty) concerning the freedom of movement for workers, the freedom to provide services …” „… particular, the principle of free movement of workers (and the general prohibition of discrimination on …” „… Article 102 TFEU Any abuse by one or more undertakings of a dominant position within the internal …”

Jeff Kenner Article 9 TFEU S. 13-21

„… as to whether, in exercising such powers, Greece was infringing Article 49 TFEU on freedom of …” „… establishment? It was in the latter context that Article 9 was invoked by the Court. Freedom of establishment …” „… collective redundancies is part of freedom of establishment because companies must be free to determine the …”

Silvia Borelli Article 33 CFREU Family and professional life S. 225-234

„… freedom of movement for workers within the Union [2011] OJ L 141/1; Recital 1 of the Council Directive (EU …” „… , the regulation on free movement of workers: Article 2(2) of the Council Directive (EC) 2004/38 on the …” „… ) 2014/54 on measures facilitating the exercise of rights conferred on workers in the context of freedom of …”

Achim Seifert ILO Convention 144 Tripartite Consultations, 1976 (No. 144) S. 391-403

„… particular the Freedom of Association and Protection of the Right to Organise Convention, 1948, the Right to …” „… and deals thereby with an important aspect of freedom of association. By ensuring their involvement in …” „… concept of Tripartism and social dialogue in the Member States and protecting the right to freedom of …”

Adalberto Perulli The Declaration of Philadelphia (DoP) S. 361-375

„… 2010) 9; Alberto Odero, Horacio Guido, Ilo Law on Freedom of Association – Standards and procedures …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Freedom of expression, of association and collective bargaining . . . . . . . . . . 13 3 …” „… , typical of economic liberalism, which guaranteed the reproduction of democratic freedom and, at the same …”

Felix Welti ILO Convention 159 Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) S. 635-641

„… human rights and fundamental freedoms (Art 2 CRPD). Reasonable accommodation is a means of individual …” „… ’ MOBILITY Introduction The movement of workers from one country to another might be regarded as primarily a …” „… especially true for EU law, where the free movement of workers was one of the cornerstones of European …”

Antonio Riefoli ILO Convention 189 Domestic Workers Convention, 2011 (No. 189) S. 916-934

„… . The preceding paragraph shall not apply to workers who enjoy freedom of movement for the purpose of …” „… provision does not apply to migrant workers who benefit from freedom of movement for the purpose of …” „… the fundamental principles and rights at work, namely: (a) freedom of association and the effective …”

Teun Jaspers Article 29 RESC The right to information and consultation in collective redundancy procedures S. 354-361

„… sociale face au marché total (Seuil, Paris 2010) 9; Alberto Odero, Horacio Guido, Ilo Law on Freedom of …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Freedom of expression, of association and collective bargaining . . . . . . . . . . 13 3 …” „… V. List of cases Date Case no Court Parties European Court Reports 5 December 2007 Complaint No …”

Maurizio Del Conte, Elena Gramano ILO Convention 88 Employment Service Convention, 1948 (No. 88) S. 375-383

„… adopted concurrently with the Freedom of Association and Protection of the Right to Organise Convention …” „… movements of workers to areas with suitable employment opportunities; by facilitating temporary transfers of …” „… movement of workers to a different country, in the case in which agreements aimed at workers’ mobility have …”

Anna Alaimo Article 101 TFEU S. 97-107

„… of the internal market (freedom of movement/establishment/provide services) and fundamental social …” „… cases (the Laval quartet of 2007-200811) regarding the balance between economic and fundamental freedoms …” „… relationship between values and freedoms of the internal market and those of the social solidarity13. II …”

Andreas Bücker Directive 91/533/EEC on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship S. 948-958

„… movement of personal data. 2. This Regulation protects fundamental rights and freedoms of natural persons …” „… enjoy the same protection as economic freedoms? III. List of cases Date Case no Court Parties ECLI …” „… and on the free movement of such data (General Data Protection Regulation – GDPR) CHAPTER I General …”

Edoardo Ales Article 153 TFEU S. 155-165

„… the collective dimension of labor law, not directly linked to freedom of association, such as …” „… Directives adopted under the free movement of workers provisions: see on it M Fuchs and R Cornelissen (eds …” „… fact that fixing the level of wages falls within the contractual freedom of the social partners at a …”

Jean-Philippe Lhernould Directive 2008/104/EC on temporary agency work S. 894-906

„… the provisions of the Treaty regarding the freedom to provide services and the freedom of …” „… could, however, be subject to an interpretation in the light of free movement of services principles …” „… comply with the principle of free movement of services.18 Member States had to notify these provisions to …”

Elaine Dewhurst Article 18 RESC The right to engage in a gainful occupation in the territory of other Parties S. 310-313

„… been some movement towards the protection of irregular immigrants (Complaint No.14/2003, International …” „… and be necessary in a democratic society for the protection of the rights and freedoms of others or …” „… information from states on the range of workers covered by the reasonable accommodation duty and the remedies …”

Mark Bell Article 20 CFREU Equality before the law S. 200-203

„… understood in the meaning of free movement of employees and services in the view of self-employed. Of course …” „… to the national legislature, which was accorded a ‘wide freedom of action’.17 V. List of cases Date …” „… The fact that Article 15(2) refers to the “right of establishment and to provide services” does …”

Pascale Lorber Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community S. 1551-1567

„… was recognised. In the European context of transnationalisation and free movement, multinationals were …” „… that they will make good use of them’.12 Second, the Directive grants stakeholders freedom to adopt …” „… Before any meeting with the competent organ of the SE, the representative body or the select …”

Sara Benedi Lahuerta Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin S. 495-520

„… concerns about the spread of racism and extreme right movements across Europe, which could amount to an …” „… Discrimination (ICERD) and the European Convention for the Protection of Human Rights and Fundamental Freedoms …” „… of free movement of workers, so it is uncertain whether the CJEU will accept it for the purposes of …”

Edoardo Ales ILO Convention 155 Occupational Safety and Health Convention, 1981 (No. 155) S. 1392-1413

„… all occupations (...)”. 3 As well known, the four principles are: (a) freedom of association and the …” „… . 29); Freedom of Association and Protection of the Right to Organise, 1948 (No. 87); Right to Organise …” „… of workplaces; (c) temperature, humidity and movement of air in the workplace; (d) design …”

Siska Dubbert, Franz Christian Ebert ILO Convention 81 Labour Inspection Convention, 1949 (No. 81) S. 1073-1093

„… freedom of action and movement”.23 Similarly, a tripartite committee has emphasized the need to take …” „… transnational and national prevention, without suppressing the requirement of sanctions. The movement of …” „… ments is insufficient without strong policies of supply chains control. It is possible to think …”

Orsola Razzolini Directive 2010/41/EU on the application of the principle of equal treatment between men and women S. 586-602

„… Court adopts a uniform definition of ‘worker’ (employee), for the scope of free movement, whose …” „… freedom as they are placed under the control and the direction of the employer.75 In some member states …” „… Directive 2010/41/EU on the application of the principle of equal treatment between men and women …”

Elise Muir, Lisa Waddington Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation S. 520-547

„… protection of the rights and freedoms of others. Overview Together with the Racial Equality Directive, the …” „… offences, protection of health and protection of the rights and freedoms of others) that can be invoked in …” „… its case law on the free movement of workers so that: any person who pursues activities that are real …”

Vito Leccese Directive 2003/88/EC concerning certain aspects of the organisation of working time S. 1285-1321

„… – danger of very serious irreversible effects (R39), – possible risk of irreversible effects (R40 …” „… cause cancer (R45), – may cause heritable genetic damage (R46), – danger of serious damage to health by …” „… with one or more of the following risk phrases: – highly flammable (R12); – may cause sensitization by …”

doi.org/10.5771/9783845266190

European Trade Union Institute (ETUI) - Migration Waves in Eastern Europe [1990-2015]

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European Trade Union Institute (ETUI) (ed.)

Migration Waves in Eastern Europe [1990-2015]

Series: Sonderheft SEER

Volume 2017

Results in this title

Biljana Cavkoska Freedom of movement of workers as a condition for implementing the Europe 2020 strategy for employment and growth S. 285-294

„… Biljana Čavkoska Freedom of movement of workers as a condition for implementing the Europe 2020 …” „… strategy for employment and growth Abstract This article aims to analyse freedom of movement of workers in …” „… the context of the new strategies for EU growth and employment. Freedom of movement of people …”

Bela Galgoczi, Calvin Allen Waves of migration from south-east Europe to the EU, as documented in 16 years of the South-East Europe Review S. 3-10

„… conditions and educational attainment. Biljana Čavkoska (2013) examined freedom of movement of workers in the …” „… mobility is – on the other hand – a basic freedom of the European Union with equal labour, social and …” „… all members. The Schengen system of free movement has, at certain times (e.g. in March 2016), been de …”

Viorel Rotila The impact of the migration of health care workers on the countries involved: the Romanian situation S. 151-178

„… ask ourselves if migration in the traditional way actually occurs, given that the freedom of movement …” „… responsible for health care policies is observing the freedom of movement of skilled health care staff, and …” „… , east-west migration policies, free movement of labour, EU integration and the internal market, ‘push’ and …”

Titelei/Inhaltsverzeichnis S. 1-2

„… people in Georgia 271 Biljana Čavkoska: Freedom of movement of workers as a condition for implementing …” „… free movement of labour transition arrangements of recent EU enlargements 215 Deniz Genç: A paradox in …” „… Journal of the European Trade Union Institute SPECIAL ISSUE SEER JOURNAL FOR LABOUR AND SOCIAL …”

Arben Tabaku Ethnic Albanian rings of organised criminals and the trafficking and smuggling of human beings: an international, regional and local perspective S. 179-190

„… poverty factor as well as the restricted freedom of movement for Albanian citizens. In the Albanian …” „… the main sea ports to reach Italy.1 This initial mass movement out of Albania was partly for political …” „… used to living in a Stalinist and isolationist state with no freedom of thought and opinion and under …”

Ilia Telo Employment structure, Migration and the informal economy in Albania S. 11-18

„… Economic Freedom 1997, carried out by reputable research institutions in 115 countries of the world, ranked …” „… movements are conducted on the basis of agreements between states and proper work contracts between …” „… Economic Freedom and the Wealth of Nations, p.10, Albanian publication Newsletter No.9, p.4, September 1998 …”

Chris Wright The regulation of European labour mobility: National policy responses to the free movement of labour transition arrangements of recent EU enlargements S. 215-236

„… movement of labour transition arrangements of recent EU enlargements Abstract This article analyses the …” „… respect to the free movement of workers from the new member states that joined in 2004 and 2007. A …” „… regulation, European Union Introduction The principle of free movement of labour, which allows nationals from …”

Kerstin Zimmer The implementation of migration policy in Ukraine: autonomous or directed? S. 259-270

„… the same rights as Ukrainian citizens, including freedom of movement and residence, and the right to …” „… Kerstin Zimmer The implementation of migration policy in Ukraine: autonomous or directed? Abstract …” „… policy has attempted to make Ukraine into a ‘safe third country’ by delegating questions of migration …”

Lela Rekhviashvili Survival strategies of the poor and marginalised – The case of internally displaced people in Georgia S. 271-284

„… Lela Rekhviashvili Survival strategies of the poor and marginalised – The case of internally …” „… displaced people in Georgia Abstract This article identifies the survival strategies of the group of …” „… have affected the development of the country since independence. The author has undertaken qualitative …”

Rossitsa Rangelova Labour migration from east to west in the context of European Union integration S. 191-214

„… importance of the issue of migration, both as a process of the free movement of labour from the new member …” „… the enlarged market for one of the four freedoms of the single market (the free circulation – or …” „… integration and the free movement of capital and goods. More and more labour markets function like …”

Rossitsa Rangelova, Katia Vladimirova Migration from central and eastern Europe: the case of Bulgaria S. 105-128

„… Rossitsa Rangelova and Katia Vladimirova Migration from central and eastern Europe: the case of …” „… Bulgaria Introduction The new social and economic environment in conditions of European integration and, in …” „… a broader scale, globalisation provide new opportunities for free cross-border movement. The …”

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