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The European Private International Law of Employment

The European Private International Law of Employment provides a descriptive and normative account of the European rules of jurisdiction and choice of law which frame international employment litigation in the courts of EU Member States. The author outlines the relevant rules of the Brussels I Regulation Recast, the Rome Regulations, the Posted Workers Directive and the draft of the Posting of Workers Enforcement Directive, and assesses those rules in light of the objective of protection of employees. By using the UK as a case study, he also highlights the impact of the 'Europeanisation' of private international law on traditional perceptions and rules in this field of law in individual Member States. For example, the author demonstrates that the private international law of the EU is fundamentally reshaping English conflict of laws by almost completely merging the traditionally perceived contractual, statutory and tortious claims into one claim for choice-of-law purposes.

Online Cambridge Core

Free movement of persons within the European Community

Arguably, the most important element in any system of economic integration is the freedom of movement of persons. In this, as in other initiatives, the European Community has taken the lead, and emerging economic unions and common markets elsewhere in the world take full cognizance of the EC's successes and failures as this fundamental right has developed under European law. This volume provides a comprehensive overview of this body of law, encompassing doctrinal basis, institutional framework, legal compliance, judicial development, and derogation on such grounds as security and health. The authors comment extensively on matters including visas, free movement of workers, freedom of establishment for companies, posted workers, harmonization of professional qualifications, European citizenship, freedom to provide and receive services, agreements between the European Community and other states concerning free movement, the rights of third country nationals (especially their position under the EURODAC regulation), and the rights of families and individuals to housing and education. In addition to providing analysis of the relevant provisions of the European Community Treaty as amended by subsequent treaties including the Treaties of Amsterdam and Nice, the book takes considerable account of all relevant secondary legislation and sometimes soft law, for example draft treaties, resolutions, and draft legislation. The authors also consider what obstacles remain to this freedom, and what future developments might take place in this area of Community law.

Freedom of movement of persons : a practitioner's handbook

Of the "four freedoms of movement" embraced in the single European market concept - capital, goods, services and persons - the latter lags far behind in the practical affairs of Member States. In fact, the restrictions on free movement of persons are among the most significant failures of European integration. This practice guide provides a detailed overview and analysis of all EC/EU laws on free movement of persons and European citizenship. It should help practitioners to interpret and apply appropriate legislation, directives, regulations and policy statements to remedy such situations as the following: transfer of unemployment benefits; timely recognition of qualification for employment; transfer of retirement benefits; age limits defining dependents; restrictions on family reunion rights; rights of third country nationals married to EU nationals; and persons dependent on social assistance. In addition to this detailed practical material, "Freedom of Movement of Persons" collects the relevant directives, regulations, court judgements and policy statements dealing with the free movement of persons in the European Union. Between its covers it contains legal analysis, practical guidance and thorough documentation, which should make it a useful work for practitioners in the field.

Europe’s New North? Enduring stereotypes in the Nordic and Baltic regions