Free Movement Of Persons In The EU: Barriers to Movement in their Constitutional Context

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.