ESA5312553248.docx

European Union 1



Barnard, C., 2013. The substantive law of the EU: the four freedoms. Oxford University Press.
Beetham, D. and Lord, C., 2014. Legitimacy and the European Union. Routledge.
Brink, A. and Senden, L., 2013. Reconciling National Sovereignty and European Union Membership. Ars Aequi, May.
Buonanno, L. and Nugent, N., 2013. Policies and policy processes of the European Union. Palgrave macmillan.
Cini, M. and Borragan, N.P.S., 2016. European union politics. Oxford University Press
Currie, S., 2016. Migration, work and citizenship in the enlarged European Union. Routledge.
Davies, K., 2015. Understanding European Union Law. Routledge.
Europe, F.R.P.I., 2013. However, the entry into force of the Charter of Fundamental Rights of the European Union (hereafter "the Charter") has proved how fragile the illusion and the marriage can be. In a series of ground-breaking decisions (Åkerberg. Common Market Law Review, 50, pp.1267-1304.

Greer, I., Ciupijus, Z. and Lillie, N., 2013. The European Migrant Workers Union and the barriers to transnational industrial citizenship. European Journal of Industrial Relations, 19(1), pp.5-20.
Habermas, J., 2012. The crisis of the European Union: A response. Polity.
Horspool, M. and Humphreys, M., 2012. European Union Law. Oxford University Press.
Kahanec, M., Pytlikova, M. and Zimmermann, K.F., 2016. The free movement of workers in an enlarged european union: institutional underpinnings of economic adjustment. In Labor Migration, EU Enlargement, and the Great Recession (pp. 1-34). Springer Berlin Heidelberg.
Keukeleire, S. and Delreux, T., 2014. The foreign policy of the European Union. Palgrave Macmillan.
Lord, C., 2016. A democratic audit of the European Union. Springer.
McCormick, J., 2014. Understanding the European Union: a concise introduction. Palgrave Macmillan.
Richardson, J. and Mazey, S. eds., 2015. European Union: power and policy-making. Routledge.
Rogers, N., Scannell, R. and Walsh, J., 2012. Free movement of persons in the enlarged European Union. Sweet & Maxwell.
Sangiovanni, A., 2013. Solidarity in the European Union. Oxford Journal of Legal Studies, p.gqs033.
Shore, C., 2013. Building Europe: The cultural politics of European integration. Routledge.
Wagner, E., 2014. Translating for the European Union. Routledge.
Wallace, H., Pollack, M.A. and Young, A.R. eds., 2015. Policy-making in the European Union. Oxford University Press, USA.
Currie, S., 2016. Migration, work and citizenship in the enlarged European Union. Routledge.
Wallace, H., Pollack, M.A. and Young, A.R. eds., 2015. Policy-making in the European Union. Oxford University Press, USA.
Currie, S., 2016. Migration, work and citizenship in the enlarged European Union. Routledge.
Wallace, H., Pollack, M.A. and Young, A.R. eds., 2015. Policy-making in the European Union. Oxford University Press, USA.
Barnard, C., 2013. The substantive law of the EU: the four freedoms. Oxford University Press.
Beetham, D. and Lord, C., 2014. Legitimacy and the European Union. Routledge.

Beetham, D. and Lord, C., 2014. Legitimacy and the European Union. Routledge.
The Law of the European Union
[Name of Writer]
[Name of Institute]


Introduction
This paper demonstrates the understanding of case of the court of justice which also analyze the relevance and role of the concept of citizenship of the union in applying the free movement of persons provisions of European Union Law. The concept of citizenship expresses an ideal condition based on perception, not only by the individual about their rights and obligations, but also by the collective as the rights and obligations of each of its members, whether individuals or groups (Barnard, 2013).
According to Beetham and Lord (2014), the civil element of citizenship is composed of the rights attached to individual freedom, liberty of expression and thought, the right to property and completion of contracts and the right the Justice. The political element of citizenship is the right to participate in the exercise of political power, as elected or elector in all the political institutions of authority (Brink and Senden, 2013). The social element of citizenship is made up of all rights relating to the economic wellbeing and social, from social security to the right to share the standard of living according to the standards prevailing in society (Buonanno and Nugent, 2013).
In accordance of Cini and Borragan (2016), it is identified that the idea of Europe of citizens born in parallel with the idea of the European Union. However, the political and institutional level, the idea of a 'European citizenship' only begins to feed several initiatives from the Paris Summit in 1974 whose conclusions foresaw the creation a working group to examine the conditions for granting and terms of special rights to citizens of the Member States as members of the Community. Being a deeply humanist project, the citizens' Europe has become an explicit policy objective over the years 70. The election of the European Parliament by direct suffrage and universal citizens of all Member States is in fact the first tangible sign of European citizenship, despite the absence of a uniform electoral procedure (Currie, 2016).
In the view of Davies (2015), direct participation of citizens contributed, of course, to the approach of the European integration process, still insufficient to bring out a European identity. Thus, the concept of citizens' Europe has proved throughout the process of European integration as a dynamic concept, constantly changing and improving. In the 80s, they were adopted by the community a series of symbolic measures in order to materialize this European identity, as is the case of the Community flag, the European anthem, Europe day, the corridors at airports, the plates of uniform license plates, etc. The entry into force of the Single Act and the objective of an area without frontiers to be achieved by 1992 are a new factor of mobilization for the Citizens' Europe. The elimination of borders - physical, technical and tax -, accompanied by the new emerging political, necessarily lead to a qualitative leap in the perception of the community for their citizens (Europe, 2013).
It is with the Maastricht Treaty that 'Union citizenship is established attributing to any person holding the nationality of a Member State certain European rights specific. The question of whether a person has the nationality of a Member State shall be settled solely by the national law of that Member State, is referring thus to the national level the definition of a citizen of the European Union (Greer, Ciupijus and Lillie, 2013). This option makes sense, in that the EU is not a sovereign political entity that can replace the Member States through common criteria for determining citizenship, as in federal states. The Union's citizens maintain a direct link with its State, supplemented by a set of rights and duties that reflect their participation in an emerging political community (Habermas, 2012).
In the study of Horspool and Humphreys (2012), the European Union gradually gave new rights to citizens, and they go to court of each Member State and the Court of Justice of the European Communities to demand that these rights are respected. Kahanec, Pytlikova and Zimmermann (2016) recognized by the Court as a general principle that the institutions Europe could not fail to respect these rights have been enshrined in the Treaty as the development of the Union's activities so required. Thus, the prohibition of discrimination on grounds of nationality under the Treaty of Rome, come be added, with the Single Act (1986) and the Treaties of Maastricht (1992) and Amsterdam (1997) other rights articulated around three axes.
Respect for fundamental rights of all people, whether European citizens or foreigners, is a vital element of any democracy. Thus, the European Union must not only respect them but also promote their effective implementation through its policies and actions (Keukeleire and Delreux, 2014). Some of these rights are provided for in the preamble of the Treaty, other established throughout his articulate and still others derive from the general principles of law that govern the organization the Union itself. Among the most important rights we can highlight: equality and non-discrimination on grounds of sex, race or ethnic origin, religion or belief, disability, age or oriented sexual. Everyone has the right to appeal to a court to require that Community law is respected, it can treat people to a national or Community court, as appropriate (Lord, 2016).
Since the beginning of European integration, the realization of freedom of movement of citizens to work or engage in business activities in the Union is recognized as one of the fundamental objectives set by the Treaty. It is henceforth a right of all citizens, while still subject to certain conditions. It is examined that any European citizen can petition the European Parliament on a matter concerning the Union by sending a signed and addressed letter to institution whereas parliament are able to give relief to any violation of a right or a legitimate interest of a citizen by a Member State or an institution benefits from its contribution to improving the legislation or executive action of the Union. According to McCormick (2014), Citizenship of the Union conferred on nationals of all Member States is intended to make the process more relevant European integration for citizens, increasing their participation, strengthening the protection of their rights and promoting the idea of a European identity. Through European citizenship was intended to establish a direct link between the citizens of the Member States and the European Union itself, seeking to build, at that level, a similar relationship to that between citizens and their national state. Thereby reinforces the democratic legitimacy of the Union (already established an elected parliament and extended powers) and improve the participation and interest in the democratic control of the activities and decisions of the European institutions (Richardson and Mazey, 2015).
Thus, the Union citizenship exerts a national integration of the function of the Member States in a joint project, trying to give them the tools to participate essential policy to move from mere recipients subject of political action developed from and within the European institutions, and to build the foundations of solidarity as citizens. It is, however, sufficient to produce a legal construction that the effect of desired integrator. It is necessary to build and solidify the awareness of a project common, a single community of interest and values. These values are on the basis of citizenship cannot be imposed; they have to be discovered or rediscovered, made aware and given the action (Rogers, Scannell and Walsh, 2012).
In accordance of Sangiovanni (2013), the principle of subsidiarity is designed to ensure that decision-making takes place as close to the citizens, considering in every moment to action to be taken at Community level is justified in relation to the possibilities offers its implementation at national, regional or local. Specifically, it's about a principle according to which the EU should only act except in the case of areas of its exclusive competence where its action is more effective.
On the other hand, European citizenship was established by the Treaty on European Union signed in Maastricht in 1992. According to Shore (2013), Citizenship of the Union is subject to the nationality of a Member State. Thus, it is citizen of the Union who has the nationality of a Member State. In addition to the rights and duties provided for by the Treaty establishing the European Community, Union citizenship recognizes four specific rights:
Freedom of movement and residence throughout the Union.
The right to elect and be elected in municipal elections and in elections to the European Parliament in the Member State of residence.
The protection by the diplomatic and consular authorities of any Member State if the State of which the person is a national not find represented in a third country (Article 20 of the Treaty establishing the European Community).
The right of petition and appeal to the European Ombudsman.
Since the entry into force of the Treaty of Amsterdam (1999), the status of "European citizen" also confers the following rights:
The right to address the European institutions in one of the official languages and have an answer in the same language.
The right of access to documents of the European Parliament, the Council and the Commission, subject to the fixing of certain conditions (Article 255. Of the Treaty establishing the European Community).
The right to non-discrimination between EU citizens on grounds of nationality (Article 12. Of the Treaty establishing the European Community) and the non-discrimination on grounds of sex, race, religion, disability, age or orientation sexual.
The right to equal access to the Community civil service.
The introduction of the concept of EU citizenship is additional to national citizenship and does not replace it. This complementarity makes it tangible citizen identification feeling with the Union.
With reference to Court of Justice, the concept of free movement of people suffered from the very beginning, a change sense. The first provisions on this issue, present in the Treaty establishing the European Economic Community, 1957, contemplating the free movement of workers and freedom of establishment and therefore people want as employees or as service providers (Wagner, 2014). The Maastricht Treaty introduced the notion of EU citizenship, which a national of a Member State automatically benefits. It is precisely in EU citizenship underlying the right to free movement and of residence in the territory of the Member States. The Lisbon Treaty confirmed this right, which is also included in the general provisions relating to Space Freedom, Security and Justice (Wallace, Pollack and Young, 2015).
In order to transform the Community into an area of true mobility and freedom of movement for all its citizens, several directives were adopted during the decade 1990 in order to grant residence rights to people who do not practice occupation: Directive 90/365 / EEC on the right of residence for employed and self-employed persons who have ceased their professional activity; Directive 90/366 / EEC on the right of residence for students; and the Directive 90/364 / EEC on the right of residence (for nationals of the Member States who do not enjoy this right under other provisions of law Community and the members of their respective families) (Currie, 2016).
In order to take account of the extensive case law associated with the free movement of people, 2004 a new global policy was adopted - Directive 2004/38 / EC of the European Parliament and of the Council on the right of free movement and residence of Union citizens and members of their families in the territory of the Member States (Wallace et.al, 2015). The new Directive repeals several other previous directives, including the three mentioned above, and brought together in a single text, provisions scattered in different legislative acts and reinforced by law. The directive intended to encourage EU citizens to exercise the right to free movement and residence in the Member States, to reduce to the minimum necessary administrative formalities, the better define the status of family members and to limit the possibility of refusing to entry or terminate the right of residence (Currie, 2016).
At measures affecting the freedom of movement and residence must comply with the principle proportionality and based exclusively on the personal conduct of the individual in question. This behavior must be a sufficiently serious threat and this, which affects the fundamental interests of the state. Previous criminal convictions not automatically justify expulsion (Wallace et.al, 2015). The mere fact that the entry documents used by the person concerned have expired does not constitute grounds for this measure. Only in exceptional circumstances, for overriding considerations of public safety, it is the expulsion decisions can be applied to a citizen of the Union has resided in the host country for ten years or if it is smaller. In circumstances should be issued entry ban orders on the territory definitively, may the people affected by such a ban after three years, request a review of your situation. These people also have access to judicial and, where appropriate, to administrative review in the host Member State (Barnard, 2013).
Parliament fought hard to ensure the right to freedom of movement, which is considered as a fundamental principle of the European Union. In its resolution of 16 January 2014, on respect for the fundamental right to free movement within the EU, Parliament calls on the Member Members to comply with the provisions of the Treaty on the EU legislation free movement and to ensure compliance with the principle of equality and the fundamental right freedom of movement in all Member States (Beetham and Lord, 2014). In response to the current debate concerning the 'benefit tourism', parliament strongly denies the appeal of some European leaders in to introduce changes and restrictions on freedom of movement of citizens after the abolished on 1 January 2014, the transitional arrangements on the free movement of workers from Bulgaria and Romania. Parliament also rejects any proposal to limit the number of EU migrants, as this would infringe the principle of free movement of citizens enshrined in the EU Treaty. Calls on the Commission and the Member States to ensure strict enforcement of EU legislation in order to ensure equal treatment of all EU workers and non-discrimination these in terms of access to employment, working conditions, pay, dismissal and social and tax benefits. Finally, it reminds Member States that are responsible for fight against the abuse of social security systems, either by national or by other EU citizens (Beetham and Lord, 2014).
For the citizen, the law is one of the most visible advantages of the Union European. About 11 million of EU citizens have benefited from this law, currently living in another Member State. But many more people moving, regularly to other Member States for business or tourism without be subject to Schengen area, or, at most, only controls fast at internal borders. Article 21, of the Treaty on the Functioning of European Union states that any citizen of the Union has the right to move and reside freely within territory of the Member States, subject to the limitations and conditions laid down in Treaties and by the measures adopted for its implementation.
Conclusion
In conclusion, the citizens of the states make up the European Union and enjoyed many rights under the application of the rules governing the single European market (free movement of goods and services, consumer protection and public health, equal opportunities and treatment). It can be said that European citizenship is above all a humanist idea. It is building a democratic Europe which respects the balance between the economic, technological, ecological and cultural considerations. In the "European dream", the nation's learn to live, would regulate their conflicts without going scapegoats to foreigners. On the other hand, the European nightmare was the Holocaust; today is ethnic cleansing. The idea of European citizenship has weighty implications that go beyond the economic approach to extend European integration.
The Union contributes to the preservation and development of common values while respecting the diversity of cultures and traditions of the peoples of Europe as well as the national identities of the Member States and the organization of their public authorities at national, regional and local. This also seeks to promote balanced and sustainable development and ensures free movement of persons, goods, services and capital, and freedom of establishment. It can be said that freedom of movement and residence may be granted, in accordance with the provisions of the Treaty establishing the European Community, third country nationals legally residing in the territory of a Member State.


References
Barnard, C., 2013. The substantive law of the EU: the four freedoms. Oxford University Press.
Beetham, D. and Lord, C., 2014. Legitimacy and the European Union. Routledge.
Brink, A. and Senden, L., 2013. Reconciling National Sovereignty and European Union Membership. Ars Aequi, May.
Buonanno, L. and Nugent, N., 2013. Policies and policy processes of the European Union. Palgrave macmillan.
Cini, M. and Borragan, N.P.S., 2016. European union politics. Oxford University Press.
Currie, S., 2016. Migration, work and citizenship in the enlarged European Union. Routledge.
Davies, K., 2015. Understanding European Union Law. Routledge.
Europe, F.R.P.I., 2013. However, the entry into force of the Charter of Fundamental Rights of the European Union (hereafter "the Charter") has proved how fragile the illusion and the marriage can be. In a series of ground-breaking decisions (Åkerberg. Common Market Law Review, 50, pp.1267-1304.
Greer, I., Ciupijus, Z. and Lillie, N., 2013. The European Migrant Workers Union and the barriers to transnational industrial citizenship. European Journal of Industrial Relations, 19(1), pp.5-20.
Habermas, J., 2012. The crisis of the European Union: A response. Polity.
Horspool, M. and Humphreys, M., 2012. European Union Law. Oxford University Press.
Kahanec, M., Pytlikova, M. and Zimmermann, K.F., 2016. The free movement of workers in an enlarged european union: institutional underpinnings of economic adjustment. In Labor Migration, EU Enlargement, and the Great Recession (pp. 1-34). Springer Berlin Heidelberg.
Keukeleire, S. and Delreux, T., 2014. The foreign policy of the European Union. Palgrave Macmillan.
Lord, C., 2016. A democratic audit of the European Union. Springer.
McCormick, J., 2014. Understanding the European Union: a concise introduction. Palgrave Macmillan.
Richardson, J. and Mazey, S. eds., 2015. European Union: power and policy-making. Routledge.
Rogers, N., Scannell, R. and Walsh, J., 2012. Free movement of persons in the enlarged European Union. Sweet & Maxwell.
Sangiovanni, A., 2013. Solidarity in the European Union. Oxford Journal of Legal Studies, p.gqs033.
Shore, C., 2013. Building Europe: The cultural politics of European integration. Routledge.
Wagner, E., 2014. Translating for the European Union. Routledge.
Wallace, H., Pollack, M.A. and Young, A.R. eds., 2015. Policy-making in the European Union. Oxford University Press, USA.