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The Free Movement Of People Within Eu

1365 words - 5 pages

EU Business and LawFinal AssignmentESG MBA ProgramNew York CollegeSemester: Spring 20114/14/2011The Free Movement of PeopleThe European Union (former European Community) is an institutional join of twenty - seven countries that aims to the creation of a strong and united Europe. The particular framework was firstly introduced in 1950's by six founding independent countries - states and now it encompasses the participation of twenty seven member states. The main goal of this institutional effort is to enhance the sense of unity and cooperation in sociopolitical and economic level. In this framework, EU introduced the term "Internal Market" and the fundamental rights of the so-called EU freedoms - free movement of citizens, goods, services and capital. In this essay we will examine closer one of those fundamental rights, the free movement of people.According to the free movement of people, the citizens of EU have the right to work, study, live and/or retire freely within the borders of EU. This freedom allows EU citizens to move from one independent state to another freely as if moving to the same state. The elimination of any internal borders within the internal market and the equal treatment of citizens from other member states is the core idea of the free movement of people.The Legal FrameworkThe formulation of the framework that the particular freedom could be enforced took many years, and a number of Treaty provisions and secondary legislation came out, as a step by step process:
"Art. 12 TEC: prohibits discrimination on grounds of nationality within the scope of application of TEC;

Art. 17 TEC: established citizenship of the EU (any person who has a MS citizenship is an EU citizen);

Art. 18(1) TEC: established the right of free movement and residence of EU citizens;

Art. 39 TEC: established free movement of workers;

Art. 43 TEC: established freedom of establishment (free movement of the self-employed);

Art. 49 TEC: established freedom to provide services

And the original fragmentary legislation:
Regulation 1612/68 on freedom from discrimination in employment;

Directive 64/221 on derogation on grounds of public policy, public security or public health

Directive 68/360 on rights of workers of their families;

Directive 73/148 on rights of the self-employed and their families;

Directive 75/34 on the right to remain after employment has ceased"

All the aforementioned secondary legislation finally led to the main EU Regulation and Directive of the freedom of movement of citizens, the free movement of workers and the Citizenship Directive:Art. 45 TFEU (ex 39 and 48) that established the free movement of workersDirective 2004/38 /EC of 29 April 2004 on the right of EU citizens and their family members to move and reside freely within the territory of the Member States (http://eur-lex.europa.eu ).Consequently, the core principle of free movement of people encloses two sub-categories:
The free movement of economically active people
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