In
order to understand better the case of Northern Ireland we introduced last week
basic elements in relation to the European Union. We presented the relationship
between national law and international law, and in particular European Union
law as a frame of reference for all Member States (including the United Kingdom
and, consequently, Northern Ireland).
This
week the posts will centre on European Union law and the fundamental freedoms
that the United Kingdom (and therefore, Northern Ireland) will leave behind
after Brexit. After introducing very briefly the four fundamental freedoms the
posts this week will be centre on free movement of persons and European Union citizenship.
Next week the posts will introduce free movement of persons, workers, and
social advantages (including the highly controversial and usually misunderstood
issue about benefits).
Four Fundamental Freedoms
Originally,
the principal aim of European Economic Community (ECC) was to achieve a greater
economic integration via the creation of common market involving abolition of
obstacles or restrictions on free movements of goods, services, workers, and
capital.
Nowadays, Art. 26(2) TFEU defines internal
(common/single) market as area without frontiers in which there is free
movement of goods, persons, services, and capital.
Note the subtle but
important difference between the original four fundamental freedoms (which
referred only to workers in the case of people) and the current text that
refers to persons.
Free Movement of PersonsCitizenship
There is no mention of European citizenship in initial European Community Treaty. Originally the recognised free movement principle (of workers) was linked to narrow economic objective of attaining common market.
With time, workers, self-employed persons, providers and recipients of services were gradually conceived as something more than factors of production.
There is no mention of European citizenship in initial European Community Treaty. Originally the recognised free movement principle (of workers) was linked to narrow economic objective of attaining common market.
With time, workers, self-employed persons, providers and recipients of services were gradually conceived as something more than factors of production.
A-G.
Trabucci in F v Belgium (7/75):
“the migrant worker is not regarded by
Community law as a mere source of labour but is viewed as a human being.”
The
90s see a change with regard to European Union citizenship. The Treaty of the
European Union (Maastricht 1992) marked a move from European Economic Community
to more politically-oriented European Union.
Art.3
TEU: Union set itself objective to strengthen protection of rights and
interests of nationals of the Member States through citizenship. Exercise of
rights would help to forge identity with Union.
According
to art.20
(1) TFEU: Citizenship of the Union is hereby established. Every person
holding the nationality of a Member
State shall be a citizen of the Union. Citizenship shall complement and not replace national
citizenship.
NOTE:
the European Union citizenship is to complement and not replace Member State
nationality.
The post tomorrow will include references to European Union treaty law relevant to citizenship. Art.20 (2) TFEU established that citizens of the European Union enjoy certain rights and are subject to duties provided for in the treaties. This means that European Union citizens enjoy a series of political, civil and socio-economic rights. Some are set out in arts. 21-24 TFEU, others in secondary legislation to be adopted under art. 25 TFEU.
Jorge
Emilio Núñez
Twitter: @London1701
02nd July 2018
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