European Court Of Justice and Free Movement of Persons - Essay Example

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European Court Of Justice and Free Movement of Persons

The move from the European Community to that of European Union was reflected in a number of specific EC Treaty provisions, including the enlargement of competence in the fields of education and culture, and of course the launch of the sacred status of citizenship of the Union2. The Treaty on European Union (here after referred to as TEU or Treaty of Maastricht) has introduced for the first time a systematic concept of citizenship in the Community ambit through Articles 17 to 22 (renumbered after the Treaty of Amsterdam). Article 17 states that Citizenship of the Union is hereby established and that every citizen holding the nationality of the Member State shall be a citizen of the Union. Following the Amsterdam amendment citizenship of the Union shall complement and not replace national citizenship. The rights and obligations emanating from the citizenship of the EU are then specified in the following articles 18-22/ ex-art. 8a-8e. They include the right to free movement and residence (art.18), active and passive electoral rights in the municipal elections and elections into the European Parliament (art. 19), right for diplomatic protection (art. 20), petition rights to the European Parliament and right to refer matters to Ombudsman (Art. 21). The actual TEU provisions are contained in a new Part Two of the EC Treaty devoted solely to this topic. However, it is the right of free movement and the right of residence which, as they have been right through the debate on European citizenship, form the foundations of Union citizenship. ...Show more

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The focus of the essay "European Court Of Justice and Free Movement of Persons" is to look at the development of the concept of citizenship since the conception of the Maastricht Treaty.Of particular interest is whether the introduction of Union citizenship provisions added significantly to Community law…
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