The Posting of Workers Directive Revised: Enhancing the Protection of Workers in the Cross-border Provision of Services

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Table of Contents: I. Introduction. – II. Posting of workers on European labour markets. – III. Introducing workers' protection through the Posting of Workers Directive. – III.1. The Court of Justice and workers' protection in the context of cross-border services. – III.2. The Posting of Workers Directive laying down a nucleus of protective rights...

The European Citizens’ Initiative in Light of the European Debt Crisis: A Gateway Between International Law and the EU Legal System

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Table of Contents: I. Sovereign default: the same old story. – II. The European debt crisis: a first timid step towards a possible solution. – III. The European Citizens’ Initiatives: an introductory overview. – IV. The Anagnostakis case. – V. Final remarks.

Abstract: This Article...

EU Citizenship, Access to “Social Benefits” and Third-Country National Family Members: Reflecting on the Relationship Between Primary and Secondary Rights in Times of Brexit

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Table of Contents: I. Introduction. – I.1. Mapping out the constitutional and legislative framework for EU citizenship law. – I.2. The multiple constitutional functions of Art. 21 TFEU. – I.3. Tensions between primary and secondary law: the UK Settlement as an illustration. – II. Deconstitutionalising the perimeters of EU citizenship law: from ...

EU Citizenship: Some Systemic Constitutional Implications

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Table of Contents: I. Citizenships in Europe: harmony and conflict. – I.1. A curious legal status perched on limitations. – I.2. EU citizenship: two lessons. – II. EU citizenship: questioning the established narrative. – II.1. Empowering the citizen – Humiliating the State. – II.2. Promoting democracy – Undermining democratic outcomes. – II.3....

Free Movement of Persons in the EU v. in the EEA: Of Effect-related Homogeneity and a Reversed Polydor Principle

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Table of Contents: I. Introduction. – II. The incorporation of Directive 2004/38 into EEA law: legal framework. – III. The meaning of the reservation according to the EFTA Court’s obiter dictum in Wahl. – IV. Other EFTA Court case law on Directive 2004/38 in the EEA context. – IV.1. Unproblematic in the present writer’s...

The “Dano Evolution”: Assessing Legal Integration and Access to Social Benefits for EU Citizens

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Table of Contents: I. Introduction. – II. A five-step evolution: integration, lawful residence and social benefits. – II.1. Step 1: the early cases. – II.2. Step 2: the reign of vague legal formulas. – II.3. Step 3: the Förster judgment as a turning point. – II.4. Step 4: Ziółkowski & Szeja and the (new) dominance of Directive...

The European Citizens’ Initiative in Times of Brexit

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Table of Contents: I. Introduction. – II. Revisiting the admissibility test. – II.1. Possibility of partial registration. – II.2. Possibility of influencing ongoing negotiations. – III. Managing expectations at the post-registration stage. – III.1. False expectations in case of partially inadmissible initiatives. – III.2. Difficulty of influencing...

Free Movement of Dual EU Citizens

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Table of Contents: I. Introduction. – II. Setting the scene. – II.1. Applicable nationality – Ranking and mobility quality. – II.2. Constellations. – II.3. Right to return – Conditions (Home MS(/MS) movement MS/Home MS). – II.4. “Circular” right to return – (Home MS/MS movement Home MS/Home MS). – II.5. Naturalisation – Lounes (Home MS/MS...

Distinguishing Between Use and Abuse of EU Free Movement Law: Evaluating Use of the “Europe-route” for Family Reunification to Overcome Reverse Discrimination

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Table of Contents: I. Introduction. – II. Reverse discrimination: colliding constitutional principles in EU law. – III. Abuse of EU law: definition and background. – IV. Abuse in the context of family reunification rights. – V. The case-law of the Court of Justice on family reunification law abuse. – VI. The Commission Communication with guidelines...

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European Forum

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Forum Européen

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Forum europeo

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