The Impact of Union Citizenship on the EU’s Market Freedoms

The book’s aim is to consider the impact that the introduction and development of the status of Union citizenship has had on the interpretation of the EU’s market freedoms. Starting by providing, in its introductory part (part one), a comprehensive and up-to-date analysis of the status of Union citizenship and its development from 1998 onwards, the book proceeds in part two to provide an in-depth examination of the relationship between this status and the Union’s market freedoms. The central argument of the book is that, as a result of the move towards the creation of a meaningful status of Union citizenship, the market freedoms have been reconceptualised as fundamental Union citizenship rights and their interpretation has adapted accordingly. Part three of the book analyses the result of this process of transforming the market freedoms into sources of fundamental Union citizenship rights and considers where it is likely to lead in the future. It demonstrates that, despite the fact that this development appears to be the next natural step in the process of constructing a meaningful notion of Union citizenship, it brings with it a number of issues that the EU will have to consider and carefully address. In particular, the method which the Court seems, up until now, to have employed to facilitate the metamorphosis of the market freedoms into citizenship rights, has led to criticisms on the grounds of legitimacy and coherence and will, undoubtedly, lead to further problems in the future. Hence part three of the book also identifies the difficulties that may emerge as a result of this process and suggests ways in which they may be overcome. Volume 60 in the Series Modern Studies in European Law Acknowledgements Table of Contents List of Abbreviations Table of Cases (numerical) Table of Secondary Legislation Part I. Introductory Chapters 1. Introduction I. Setting the Background II. Aim of the Book III. Terminology IV. Structure of the Book V. A Taxonomy of Rights for the Market Freedoms 2. Taking Stock of Union Citizenship I. Introduction II. The Current Legal Regime III.The Infancy Phase (1993–97) IV. The Growth Phase (1998–2005) V. Turbulent (Early) Adolescence (2006–09) VI. Coming of Age: Towards a Meaningful Status of Union Citizenship? (2010-Onwards) VII. Conclusion Part II. The Impact of Union Citizenship onthe EU’s Market Freedoms 3. Union Citizenship and the Personal Market Freedoms I. INTRODUCTION II. The Personal Market Freedoms: A Sketch of the Current Legal Framework III. The Personal Market Freedoms as Sources of Instrumental Freedoms and Rights: The Pre-Maastricht Approach to their Interpretation IV.The Court's Post-Maastricht Case-Law: (Re-)Reading the Personal Market Freedoms in the Light of Union Citizenship V. Conclusion 4. Union Citizenship and the Free Movement of Goods I. INTRODUCTION II. The Traditional Interpretation of the Free Movement of Goods Provisions III. The Court's Stance on the Question of Whether the Free Movement of Goods Provisions are Sources of (Fu ndamental) Rights for Individuals IV. Some Signs in the Court's Case-Law that the Free Movement of Goods Provisions may now be the Source of Individual Rights for Persons V. Conclusion Part III. The Future 5. (Re-)Interpreting the Market Freedoms in the Light of Union Citizenship: Emerging Questions I. INTRODUCTION II. Can the Market Freedoms be (Re-)Interpreted in the Manner Documented in the Previous Two Chapters? III. How Should the Market Freedoms Now be Interpreted when Invoked by Union Citizens? IV. How Should the Assessment as to whether there is a Breach of the Market Freedoms Now be Made? V. Conclusion 6. (Re-)Interpreting the Market Freedoms in the Light of Union Citizenship: Persisting Conundrums I. INTRODUCTION II. The Persisting Distinction between Union Citizens Who are Nationals of Member States and Union Citizens Who are Not III. Should there Still be a Number of Different Free Movement of Persons Provisions? IV. The Distinction between Natural and Legal Persons under the Market Freedoms V. Should the Personal Scope of the Personal Market Freedoms be Extended to Cover Third-Country Nationals? VI. (Fundamental) Human Rights vs (Fundamental) Economic Rights VII. Individual Rights vs Collective Rights VIII. Conclusion Part IV. Conclusion 7. Conclusions Bibliography Index The book's aim is to consider the impact that the introduction and development of the status of Union citizenship has had on the interpretation of the EU's market freedoms. Starting by providing, in its introductory part, a comprehensive and up-to-date analysis of the status of Union citizenship and its development from 1998 onwards, the book proceeds in its first main part to provide an in-depth examination of the relationship between this status and the Union's market freedoms. The central argument of the book is that, as a result of the move towards the creation of a meaningful status of Union citizenship, the market freedoms have been reconceptualised as fundamental, Union citizenship, rights and their interpretation has adapted accordingly. The second main part of the book analyses the result of this process of transforming the market freedoms into sources of fundamental, Union citizenship, rights and considers where it is likely to lead in the future. It is shown that, despite the fact that this development appears to be the next natural step in the process of constructing a meaningful notion of Union citizenship, it brings with it a number of issues that the EU will have to consider and carefully address. In particular, the method which the Court seems, up to now, to have employed to facilitate the metamorphosis of the market freedoms into citizenship rights, has led to criticisms on the grounds of legitimacy and coherence and will, undoubtedly, lead to further problems in the future. Hence the second main part of the book also identifies the difficulties that may emerge as a result of this process and suggests ways in which they may be overcome.-- Provided by Publisher