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EU Citizenship and Direct Taxation


ISBN13: 9789041185846
Published: October 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £139.00



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EU Citizenship and Direct Taxation is the first book to investigate in detail how the Court of Justice of the European Union (ECJ) has tried to reconcile specific national direct tax rules with the general European Union (EU) principle of free movement of persons from the perspective of EU citizenship. Freedom of movement is a key principle of the EU resulting in the right of every EU citizen to move and reside freely within the EU. Many EU citizens work in the other Member States than their Member State of origin. Direct taxes are not as such covered in the treaties and therefore have a much smaller basis for harmonization at EU level than indirect taxes. As a result, decisions of ECJ on the clash between the EU principle of free movement and Member States’ direct tax rules have a significant effect on national direct tax systems. This book focuses on the relation between free movement rights of EU citizens and the legal autonomy of Member States in the area of direct taxation.

What’s in this book:

The book’s incomparably thorough analysis of the distinctive evolution, mainly via ECJ case law, of the relation between the EU principle of free movement of persons and Member States’ direct tax rules includes in-depth discussion of the following elements and more:

  • the concept of EU citizenship in the EU’s constitutional and institutional development;
  • how the ECJ has interpreted the concept of free movement with regard to economically inactive persons;
  • how the notion of EU citizenship has widened the ECJ’s view on treaty access;
  • how the ECJ has addressed the clash between free movement of persons and direct taxation in the EU’s constitutional context; and
  • numerous tax policy initiatives with regard to EU citizens before and after the Treaty of Lisbon.
The willingness at EU level to make EU citizenship a key driver behind the European integration process relates to the purpose of this study. This book explains that the ECJ is reconceptualizing the market freedoms relating to the free movement of persons as part of a broader EU citizenship right for all economically active EU citizens to pursue an economic activity in a cross-border context; a right beyond the aim of realization of the internal market.

How this will help you:

This book proceeds confidently through the maze of rules that relate to the notion of EU citizenship and gives a broad understanding of the concept of EU citizenship in the EU’s constitutional and institutional development. As an extremely important analysis of the influence of EU law on the direct tax autonomy of Member States, this book will be a great influence in the practice and study of taxation in the EU.

Subjects:
Taxation
Contents:
List of Abbreviations
Acknowledgments

Part I Introduction
Chapter 1 Introduction
Chapter 2 How Can the Relationship Between the EU and the Member States Be Characterized in General?
Chapter 3 To What Extent Are Regulatory Competences in the Field of Direct Taxation Attributed to the EU Level?

Part II European Union Citizenship
Chapter 4 Historical Development of the Concept of EU Citizenship after the Second World War until the Signing of the Treaty of Lisbon
Chapter 5 What Is Meant by “Citizenship” and “Nationality” and How do These Concepts Relate to EU Citizenship?
Chapter 6 What Rights and Duties Are Attached to EU Citizenship?

Part III Free Movement of Persons
Chapter 7 Introduction
Chapter 8 Which National Rules Constitute an Impediment to Inter Member State Movement According to the ECJ?
Chapter 9 Do Non-discrimination and Market Access Provide an Adequate Conceptual Explanation for the Expansion of the Scope of the Treaty Provisions on the Free Movement of Economically Active Persons?
Chapter 10 Has the Notion of EU Citizenship Widened the ECJ’s View on Treaty Access?
Chapter 11 How Has the ECJ Interpreted the Concept of Free Movement with Regard to Economically Inactive Persons?
Chapter 12 How Has the ECJ’s Changed Perspective on the Scope of the Treaty Freedoms on the Free Movement of Economically Active Persons Influenced the Fiscal Autonomy of Member States?

Part IV Towards a Citizens Europe?
Chapter 13 What Kinds of Measures Have Been Taken since the Treaty of Lisbon to Bring “Europe” Closer to the People?
Chapter 14 What Kinds of Tax Policy Initiatives with Regard to Citizens Have Been Taken at EU Level Since the Treaty of Lisbon?
Part V Final Observations
Chapter 15 Summary and Conclusions

Bibliography
Table of Cases
Index

Series: EUCOTAX Series on European Taxation

Short-Term Rental Platforms as Deemed Suppliers in the EU VAT System (eBook) ISBN 9789403543185
Published September 2024
Kluwer Law International
£81.00
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Short-Term Rental Platforms as Deemed Suppliers in the EU VAT System ISBN 9789403543086
Published September 2024
Kluwer Law International
£81.00
Aggrieved Taxpayers versus Tax Authorities ISBN 9789403522081
Published May 2024
Kluwer Law International
£113.00
£111.00
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£111.00
Special Tax Zones and EU Law: Theory, Implementations and Future Challenges ISBN 9789403518855
Published January 2020
Kluwer Law International
£112.00
European VAT and the Sharing Economy ISBN 9789403514352
Published October 2019
Kluwer Law International
£116.00
£86.00
Sales Promotion Techniques and VAT in the EU ISBN 9789403508610
Published March 2019
Kluwer Law International
£115.00
£111.00
Investment Fund Taxation: Domestic Law, EU Law, and Double Taxation Treaties ISBN 9789041196699
Published May 2018
Kluwer Law International
£107.00
National Legal Presumptions and European Tax Law ISBN 9789041166135
Published February 2018
Kluwer Law International
£154.00
Double (Non-) Taxation and EU Law ISBN 9789041194107
Published November 2017
Kluwer Law International
£167.00
Transfer Pricing in the US: A Practical Guide ISBN 9789041191960
Published September 2017
Kluwer Law International
£113.00
Limitation on Benefits Clauses in Double Taxation Conventions 2nd ed (eBook) ISBN 9789041161437
Published September 2017
Kluwer Law International
£188.00
(ePub)
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Limitation on Benefits Clauses in Double Taxation Conventions 2nd ed ISBN 9789041161352
Published September 2017
Kluwer Law International
£188.00
The Impact of Tax Treaties and EU Law on Group Taxation Regimes ISBN 9789041169051
Published August 2016
Kluwer Law International
£211.00
£142.00
(ePub)
Buy
Corporate Tax Base in the Light of IAS/IFRS and EU Directive 2013/34: A Comparative Approach ISBN 9789041167453
Published July 2016
Kluwer Law International
£142.00
Tax Treaty Override ISBN 9789041154064
Published April 2014
Kluwer Law International
£167.00
Fixed Establishments in European VAT ISBN 9789041145543
Published August 2013
Kluwer Law International
£154.00
CCCTB: Common Consolidated Corporate Tax Base - Selected Issues (EUCOTAX 35)
Edited by: Dennis Weber
ISBN 9789041138729
Published May 2012
Kluwer Law International
£178.00
Intermediation of Insurance & Financial Services in European VAT ISBN 9789041137326
Published August 2011
Kluwer Law International
£178.00
From Marks & Spencer to X Holding: The Future of Cross-Border Group Taxation ISBN 9789041133991
Published August 2011
Kluwer Law International
£167.00
Fiscal Sovereignty of the Member States in an Internal Market: Past and Future ISBN 9789041134035
Published December 2010
Kluwer Law International
£167.00
Europe-China Tax Treaties ISBN 9789041132161
Published June 2010
Kluwer Law International
£167.00
Taxation of Ucits: Austria Germany the Netherlands and the Uk ISBN 9789041128393
Published October 2009
Kluwer Law International
£173.00
Integration Approaches to Group Taxation in European Internal Market ISBN 9789041127792
Published October 2008
Kluwer Law International
£167.00
Tax Compliance Costs for Companies in an Enlarged European Community ISBN 9789041126665
Published May 2008
Kluwer Law International
£224.00
ECJ-Recent Developments in Direct Taxation ISBN 9789041125095
Published March 2006
Kluwer Law International
£177.00
Limitation on Benefits Clauses in Double Taxation Conventions ISBN 9789041123701
Published December 2005
Kluwer Law International
Out of print
Tax Avoidance and EC Treaty Freedoms ISBN 9789041124029
Published December 2005
Kluwer Law International
£222.00
£187.00
WTO and Direct Taxation ISBN 9789041123718
Published May 2005
Kluwer Law International
£374.00
Tax Competition and EU Law
Carlo PintoResearch Associate, Department of Law, University of Amsterdam, Netherlands
ISBN 9789041199133
Published May 2003
Kluwer Law International
£290.00
Settlement of Disputes in Tax Treaty Law ISBN 9789041199041
Published September 2002
Kluwer Law International
£298.00
Tax Treaty Interpretation
Edited by: Michael Lang
ISBN 9789041198570
Published June 2002
Kluwer Law International
£249.00
The Impact of Community Law on Tax Treaties: Issues and Solutions ISBN 9789041198600
Published February 2002
Kluwer Law International
£268.00
The Principle of Equality in European Taxation ISBN 9789041196934
Published October 1999
Kluwer Law International
£243.00
The Compatibility of Anti-abuse Provisions in Tax Treaties with EC Law
ISBN 9789041196781
Published January 1999
Kluwer Law International
£262.00