Free Circulation of Persons within the European Union: Woe to the Sedentary?
Type de matériel :
TexteLangue : français Détails de publication : 2014.
Ressources en ligne : Abrégé : Most European citizens opt for a sedentary lifestyle. Unfortunately for them, European law on the free movement of persons does not apply to situations purely internal to a State. Member states may therefore treat their own nationals less favorably than other European citizens without being subject to censure by the European Court of Justice. In other words, European law ignores reverse discrimination. The aim of this paper is to familiarize non-lawyers with this basic rule of European law while illustrating its application in the Belgian context. Criticism leveled at the rule as well as its erosion resulting from the Court’s case law are also examined.
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Most European citizens opt for a sedentary lifestyle. Unfortunately for them, European law on the free movement of persons does not apply to situations purely internal to a State. Member states may therefore treat their own nationals less favorably than other European citizens without being subject to censure by the European Court of Justice. In other words, European law ignores reverse discrimination. The aim of this paper is to familiarize non-lawyers with this basic rule of European law while illustrating its application in the Belgian context. Criticism leveled at the rule as well as its erosion resulting from the Court’s case law are also examined.
Réseaux sociaux