Implementation of the Europe Agreements in France, Germany, The Netherlands and the UK: Movement of Persons - Softcover

Bocker, Anita; Guild, Professor Elspeth

 
9780953572847: Implementation of the Europe Agreements in France, Germany, The Netherlands and the UK: Movement of Persons

Synopsis

Who controls immigration to the Member States of the European Union? This critical question has been particularly pertinent as new powers in the field of immigration and asylum in the EC Treaty are in the process of being exercised. Immigration and asylum law is a highly politicised area of law and policy in all the Member States, being subject to constant change and amendment. In providing an up-to-date analysis, this book examines the changing balance of power over immigration between four Member States - France, Germany, the Netherlands and the UK - and the European Union as regards the nationals of the Central and Eastern European Countries, the Baltic states and Slovenia (CEECs).

In pursuing a systematic, case-by-case historical examination of the evolving Europe Agreements on the movement of workers and the self-employed, the study provides a detailed comparative analysis of the varying degrees to which the four Member States have interpreted the Agreements for formulating national legislation. It demonstrates how in the European Union the rule of law principle has privileged the courts as arbiters and through them the individual as catalyst. Its critical analysis points to the obstacles faced by the individual seeking to move at the national level and claiming legal rights through the Agreements, demonstrating how this has become a major focal point of tension between the Member States and the Union over control of the regulation of migration. It concludes that this has resulted in a shift in the balance of control over immigration rights of CEEC nationals from the Member States to the Union level, with critical implications for future immigration law in Europe.

This book is of value to law students, legal scholars and practising lawyers who are studying or involved in European immigration law and the implementation of immigration rights of CEEC nationals in the four Member States, as well as policy makers involved in developing legal frameworks for immigration at national and European levels.

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About the Author

Anita Böcker is lecturer of Sociology of Law at the University of Nijmegen. She has published on a variety of topics including the regulation of immigration to the Netherlands and the European Union.

Elspeth Guild is professor of European Immigration Law at the University of Nijmegen and partner at the London law firm Kingsley Napley. She is author of Immigration Law in the European Community (The Hague: Kluwer Law International 2001) and numerous other publications. She lectures widely on immigration and related subjects.

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