The treaty on the functioning of the European Union provides certain rights to the Union Citizens. One of the fundamental rights is that of free movement of Union citizens. A citi-zen within the European Union has the right to freely move and reside within the territory of the Member States. Family members of a Union citizen also obtains right to move to a Member State. However, the family members have to fulfil certain conditions in the Resi-dence Directive in order to move to a Member State. The question of what criteria a family member must fulfil has been controversial because the Member States have interpreted the EU-law in different ways. Consequently, through preliminary rulings ECJ has come to dif-ferent conclusions hence the controversy. The interpretation of the EU-law concerned whether a Member State can impose an addi-tional requirement on a family member of a Union citizen or not. This is what the Member States have different views on. The implication of the requirement was that a family mem-ber must have had a prior lawful residence in a Member State in order to move to another Member State. This is the outcome in one of the cases where an additional requirement set by a Member State was to be considered as compatible with the EU-law. However, this view was to be reviewed in another case, as imposing a requirement was in contrary to the EU-law and to the internal market within the European Union. It is clear that including an additional requirement is not in compliance within the EU-law. Mainly because the applying an additional requirement is not provided for in the Residence Directive. Additionally, it would restrict family members to move as well as it would hinder Union citizens to lead a normal family life.

This thesis explores a relationship between democratic self-determination, universal human rights, and democratic legitimacy. States are democratically legitimate when they satisfy the first two terms of this relationship. However, these two terms are in tension. This tension is between the universal and particular natures of the terms and requires democratic procedures to provisionally resolve it. A universal human right can be interpreted and contextualized through such procedures to resolve this tension. I argue that the human right to free movement cannot be adequately contextualized in nation-state fora, but instead require an international democratic institution to perform this act. As a result, nation-states, in order to be legitimate, must give up control of their borders to the international institution so that they recognize the human right to free movement. A consequence of this is that Canadian immigration policy is insufficiently democratic and does not recognize the human right to free movement. / SSHRC

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Yes

In this paper, we study the employment of workers from Central, Eastern and Southeastern European (CESEE) EU Member States in Austria after the Eastern enlargement of the European Union. To prevent a sudden rush of immigrants into the labor market, Austria opted for a Transition period during which immigration remained restricted. We will show that these restrictions had the anticipated effect; while the stock of workers from the new CESEE Member States increased slowly in Austria during the transition period, the trend became markedly steeper after the introduction of free labor market access. Between 2003 and 2016, the stock of workers from CESEE EU Member States in Austria increased fourfold by about 185,000 individuals. The largest immigrant groups are from Hungary, Romania and Poland. A large share of migrant workers are employed in seasonal industries and in border regions closest to their home countries.

This study was conducted in order to examine two questions: 1) Does free movement while listening to classical music influence a preschooler's preference for the music?; and 2) Does free movement while listening to classical music influence a preschooler's ability to answer recognition questions relative to the music? Subjects (N = 34) were 4- to 5-year-old students from two intact classrooms at the BYU Child and Family Studies Laboratory Preschool. After being involved in six lessons utilizing two different classical pieces, each identified by a prominent instrument and experienced either Actively (with free movement) or Passively (while sitting or lying down), the students were interviewed relative to their music preferences and recognition. To strengthen the results, the process was repeated (termed Wave 1 and Wave 2) with different pieces in different experience orders. Results of a Chi-Squared test of independence indicated no effect for Active or Passive exposure on piece preference in either wave. However, in Wave 1, pieces experienced Passively were significantly preferred to those experienced Actively, while the reverse was true in Wave 2. The Active exposure had no significant effect on the overall accuracy of recognition responses. Observational data is also included, which corroborates and extends statistical results.

A different type of polity requires a different type of constitution; more importantly, it also requires a different way of thinking, a new constitutionalism able to address the relevant descriptive and normative questions facing this new political entity. This thesis tries to contribute to the development of EU constitutionalism by focusing on the interplay between the different normative concerns behind the EU’s market freedoms identified in traditional legal discourse – as results mainly from court decisions and academic discussions –, and the institutional environment which mediates the freedoms’ application. It is hypothesised that such interplay can be better understood by reference to the findings of some disciplines ‘external’ to internal legal discourses such as economics, philosophy, or political science. Normatively, it is hoped that debates concerning the market freedoms that take into account ‘external elements’ will be more attractive to the legal community than those that do not include such considerations. Descriptively, it is submitted that the incorporation of insights arising from these ‘external’ disciplines into the traditional modes of discourse and analysis on the EU market freedoms – in effect, the internalisation of these ‘external’ elements – can provide better descriptive fits of the law and its development than theories that do not take them into account. An incidental result of this approach is that by the end of this thesis a theory of the market freedoms will have been sketched: by combining ‘internal’ and ‘external’ elements, an analytical framework can be developed that is able to make descriptive sense, formally and substantively, of free movement law at both its most general – where formal common structures seem to be undeniable, and a minimum common substantive content can be found –, and at its most detailed levels – where substantive variations and greater normative specification seem to exist.

Immigration into Europe has always been at the center of EU’s agenda. With the candidacy of Turkey for entry into the EU, the issue of immigration is being discussed with a new intensity. That is why this paper aims to understand the dynamics that will govern Turkish migration into EU after membership and to provide a sound basis for its complicated nature. In order to do that, different theories of migration have been categorized at different levels of approaches and analyzed to understand the reasons for migration. To ground these theories in the reality of migration, the statistics on countries that joined the EU in 2004 and 2007 have been used. After identifying the reasons why citizens of these new member states migrate, prospective Turkish migration has been analyzed accordingly. It has been found out that the reasons for Turkish migration will be mostly the same as those for new member states’ citizens. As a result of this, it has been concluded that the prospective Turkish migration will be extremely diverse and complicated and that the directions of migration will not only be from Turkey to Europe but also from Europe to Turkey.

Immigration into Europe has always been at the center of agenda of the EU. With the candidacy of Turkey, the issue of immigration is being discussed at an accelerating rate. That is why this paper aims to understand the dynamics behind the prospective Turkish migration into EU after membership and to provide a sound basis for its complicated nature. In order to do that, different theories of migration have been categorized at different levels of approaches and analyzed to understand the reasons for migration. To set the relationship between theory and reality of migration, the statistics on countries that joined the EU in 2004 and 2007 have been used. After identifying the reasons why citizens of these new member states migrate, the prospective Turkish migration has been analyzed accordingly. It has been found out that the reasons for Turkish migration will be mostly the same as those for new member states’ citizens. As a result of this, it has been concluded that the prospective Turkish migration will be so diverse and complicated and that the direction of migration will not only be from Turkey to Europe but also from Europe to Turkey.

This thesis explores subsidiarity's untapped potential as an enforceable legal principle in EU law. To date, discussion of the principle's function in European integration remains overly focused on its effect as a restraint on the Union legislature. In the first part of the thesis, I seek to challenge this entrenched view. Specifically, I question whether or not the subsidiarity principle could and, ultimately, should apply also as a brake on the interpretative authority of the Court of Justice. Arguing that subsidiarity does indeed have a role to play in this context, I then turn to examine, in the second part of the thesis, the implications of this conclusion for the Court's interpretation of the scope of the Treaty provisions guaranteeing intra-EU movement. In the final analysis, I argue that the subsidiarity principle necessitates an adjustment of the Court's current approach to defining the concept of an obstacle to intra-EU movement. This adjustment isolates and protects an appropriate sphere of Member State regulatory competence from the Court's scrutiny at Union level. In so doing, it ensures that, in the process of establishing and managing a functioning internal market, Member States retain some space to breathe.