The free movement of persons in the EU has been fraught with tension since the Eastern enlargements. This culminated in 2016 when the UK demanded the possibility to limit rights and benefits to intra-EU migrants, making for a fresh investigation into the state of the free movement. From a constructivist perspective of rights and citizenship this in-depth case study aims to elucidate how EU actors describe the free movement of persons. It will further look at how they situate limitations and obstacles and analyze what this reflects in terms of underlying logics and rationales of rights and citizenship in the EU free movement regime. The interviews with EU actors reveal how distinctions of politically constructed categories of migrants which define Insiders and Outsiders are used to rationalize who has the right to social rights. Inclusion is defined in terms of market liberalism and individual responsibility, logics which thus also define the Insiders of Europe. This produces an image of the EU citizen and indirectly defines those who diverge from this image as Outsiders, including “lesser” Europeans. The underlying logics within the EU could therefore contribute to negative perceptions of those who cannot meet the requirements of the ideal European.

The Employment of the Czech citizens in other member states of the European Union The basic aim of my thesis is to analyze possibilities of Czech citizens seeking job in other member states of European Union. The enlargement of EU in 2004 and 2007 opened borders to labour markets of the old EU countries for citizens of new member states. Czech citizens are able to search for a job in most of the states of EU except of Germany and Austria. In my work I concentrate especially on research of United Kingdom. It is a country that opened the labour market for Czech citizens the day our accession to European Union. My thesis is divided into seven chapters. In the first three chapters I analyze the right of free movement of persons, workers and right of settlement. I concentrate on the development from the historical point of view. I also mention the European legislation related to the free movement right. The fourth chapter explains the migration, and the potential of Czech migrant workers. I also describe the reasons for Czech foreign migration. In the fifth chapter I focus on the employment of Czech citizens in other member states in general. I explain where Czechs are able to work and in which circumstances. In the sixth chapter I would like to explain all the possibilities, restrictions, rights and...

English summary Free movement of persons from the perspective of health insurance coordination of migrants in the countries of EU The aim of this thesis is to render an integrated commentary of basic rights, which are granted by European Union to its citizens in the field of health care, mainly through coordination regulations. It concentrates on specific situations when people travel to different member states, temporarily or permanently, and their opportunities of access to the health care system in a different state than the competent state. Furthermore, it follows with systems which are used by member states between themselves to provide effective realization of these rights and the interpretation of relevant provisions of coordination regulations by the Court of Justice of the European Union. The thesis is thematically divided into three parts, whereas the first introductory part contains three chapters concerning basic terminology and explaining terms related with health insurance in the EU such as social policy, social law and social rights, free movement of persons, social security and finally health insurance and health care. Historical progress of social policy in the European Union explained in chapter two, helps to increase the awareness of the backfround, which is standing behind current...

English summary The status of migrants in the social sphere The aim of the work is to identify and describe the position of two groups of European citizens, a worker and a student, migrating over Europe and exercising their rights. On one hand, there is still some discrimination against the EU citizens, and on the other hand, there is some criticism of the ECJ for its excessive benevolence in decision making. The social area stated in the name of the work is intended not only as the area of social security and labour law, but also as the area of access to education and meeting of the cultural needs of people. The thesis is divided into two parts, general and special. Two introductory chapters comprising the general part of the work are devoted to defining of the terms free movement of persons and the European social rights, and their historical development across the primary legislation. The author notices also the historical circumstances and reasons why the developments lead this way. The relevant present legal regulations in the secondary law are analysed in detail and a possible vision for the future of the EU is introduced. A special section consisting of the third and fourth chapter aims at demonstrating of the true position of the migrants via the selected judicial decisions the ECJ. There is an...

This thesis analyses in depth the seminal cases of the Court of Justice, namely C-341/05 Laval, C-438/05 Viking Line and C-346/06 Ruffert. The analysis starts with description of the decisions. Those are laid out both from the perspectives of the Advocates General and of the Court of Justice (chapter 2). Central aspects of the decisions are analysed in chapter 3. First, it is the decision to apply Community law (now EU law) to national social policy. This is not new in itself, but it is taken to unusual depth. Second, the Court of Justice decided to apply Community law to trade unions. This horizontal application of Community law has crucial implications on the human rights discourse of the Court. Third, we analyse how the Court viewed the issue whether the strike action violated the Treaty, and the issues of justification and proportionality. Chapter 4 focuses on human rights aspect of the decisions. The very use of human rights in Community law is briefly sketched. In more detail the implications of the likely accession of the European Union to the European Convention on Human rights are considered. Finally, the human rights discourse of the Court of Justice in the Laval and Viking cases is put to critical scrutiny. One of the determining elements in Laval and Viking is application of the Treaty...

The area of interest of the thesis is the horizontal liberalisation of the free movement of services based on Directives No. 2006/123/EC on services in the internal market, No. 2005/36/EC on the recognition of professional qualifications, No. 96/71/EC concerning the posting of workers in the framework of the provision of services and No. 2000/31/EC on electronic commerce. More precisely the main subject matter can be defined as the shift in the basic legal regime of free movement of services achieved through these four directives compared to the original state, i.e. the general regime under EU primary law as interpreted by the ECJ. The main objective is to analyze and critically assess the extent and significance of this shift. The basic questions are: To what extent is the resulting legal framework formed by the four horizontal directives different from the original situation? Is it merely a codification of the case law of the ECJ or a result of legislator's efforts to liberalise further the regime? To what extent does the liberalised regime enable or support abuse of free movement of services in order to circumvent the national law of the host state? The conclusions are as follows: Owing to the four directives most cross-border services are now covered by EU secondary law. All of these...

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2016-11-21T11:30:40Z No. of bitstreams: 1 Felipe de Queiroz Braga.pdf: 2469727 bytes, checksum: 013852082dc508efe89ea8ff6b02ea18 (MD5) / Made available in DSpace on 2016-11-21T11:30:40Z (GMT). No. of bitstreams: 1 Felipe de Queiroz Braga.pdf: 2469727 bytes, checksum: 013852082dc508efe89ea8ff6b02ea18 (MD5) Previous issue date: 2016-09-26 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / This thesis aims to analyze the events that occurred during the month of June 2013 in Brazil after the adjustment of the fares for public transportation in several cities. The analysis will be concentrated in the city of São Paulo, epicenter of the movement, seeking to understand how and why a subject that historically raises protests and demonstrations, the readjustment of the fare of public transport, in this particular context has managed to generate mobilizations in hundreds of cities around the country. We also seek to interpret the causes that led various social groups to the streets broadening the scope of claims and ultimately turning it into a movement both social and ideologically different from the start. Considering that this phenomenon involves issues that go beyond the guidelines related to public transportation - although they are central to understanding the movement - as its consequences are linked to the historical contradictions arising out of a underdeveloped and dependent capitalist economy, we search to interpret it from a socio-historical perspective, emphasizing our conditions of sociability. In this way, we can understand the social, economic and political ambiguities and contradictions that shape a contemporary Brazil and that became more evident as from the rending of the veil that took place in June 2013 / Esta dissertação tem por objetivo analisar as manifestações que ocorreram durante o mês de junho de 2013 no Brasil, após o reajuste das tarifas de transporte público em diversas cidades. A análise terá como recorte espacial a cidade São Paulo, epicentro do movimento, buscando compreender como e por que uma pauta que, historicamente, suscita protestos, o reajuste do preço do transporte público, neste determinado contexto conseguiu gerar mobilizações em centenas de cidades do país. Buscaremos também interpretar as causas que conduziram diversos grupos sociais às ruas, ampliando o leque de reivindicações e tornando, em última instância, um movimento social e ideologicamente diferente do iniciado. Considerando-se que esse fenômeno abarca questões que transcendem as pautas relacionadas ao transporte público – apesar de serem centrais ao entendimento do movimento –, à medida que seus desdobramentos remetem às contradições históricas decorrentes de uma economia capitalista subdesenvolvida e dependente, buscaremos interpretá-lo a partir da perspectiva sócio-histórica, ressaltado nossas raízes de sociabilidade. Desse modo, poderemos compreender as ambiguidades e contradições sociais, econômicas e políticas que dão forma ao Brasil contemporâneo e que se tornaram mais evidentes a partir do rasgar do véu que se deu em junho de 2013

This thesis explores the relationship between the colour-blind public philosophy of republicanism and the French state's policies targeting the Roma. It addresses one core research question: how did political actors use neo-republican ideas to communicate and justify policies targeting the Roma? To do this, it examines the discourse of French and European Union (EU) actors involved in the formulation and implementation of polices targeting the Roma from 2010 to 2016. This discourse comprised political speeches, policy reports, memos, media clippings and 50 in-depth interviews with French and EU actors. Building on Christina Boswell and James Hampshire's theory of discursive strategies, this thesis focuses on the strategic deployment of republican ideas, notably the ways in which political actors were able to exploit their polyvalence. This thesis argues that political actors used four key republican ideas to communicate and justify policies targeting the Roma in France. First, a commitment to universalism allowed political actors to deny accusations of ethnic targeting while pursuing policies that disproportionally targeted Roma migrants. Second, political actors deployed the idea of a 'neutral' public sphere to justify the eviction and deportation of residents living in so-called Roma camps. Third, political actors used a logic of administrative selection to predetermine which evicted 'Roma' migrants were worthy of state support. Fourth, recipients of this support were subject to a state-led process of assimilation akin to a modern 'civilising mission', which political actors defended as a necessary step towards integration. This thesis concludes that it was precisely the polyvalence of republican ideas that allowed actors to deploy them to communicate and justify discriminatory policies. In doing so, it builds upon a growing literature on the role of republicanism in contemporary French politics and provides a rich empirical study that captures the influence of a general public philosophy on specific policy decisions. Additionally, it extends recent scholarship on the treatment of the Roma in Europe and contributes to debate about the challenges of free movement in an enlarged EU.

The aim of this thesis is to identify some of the obstacles to trade, that occurs on the common market, and to analyse the errors that still occurs in the national authorities application of the principle of mutual recognition. Is the principle of mutual recognition sufficient for the creation of a common market, or is there a need for additional measures to cope with the obstacles to trade that still exists on the common market? The problems related to the incorrect procedures of the national authorities and the fact that undertakings prefer to bring their products in to line with the rules of every single member state must be solved, if the principle of mutual recognition is to become trustworthy. On some areas, harmonisation ought to be chosen above the principle of mutual recognition, but in other cases an increased administrative collaboration, mandatory training for the national authorities or information campaigns intended mainly for undertakings could be the answer. The possibility to help undertakings to sue member states for damages should also be investigated. If these problems are solved, the principle of mutual recognition, in addition to harmonisation, could become an excellent tool for the upholding of the free movement of goods in the common market.

The Savings Directive will enter in to force 1st of July 2005, after years of discussions about it. The Directive has caused some controversy and several proposals have been rejected. The Savings Directive means that an individual who recieves savings income in the form of interest payment from another Member State will be taxed in his or hers State of residence. This will be achieved by an automatic exchange of information be-tween the Member States, concerning interest payments on savings. Some countries have opted out of the information exchange and will instead levy a withholding tax during a transitional period. The free movement of capital became fully liberalized when articles 1 and 4 in Directive 88/361/EEC was given direct effect. Later the main provisions from that Directive were implemented in the EC Treaty. All restrictions on the free movement of capital are prohibited, according to article 56 EC. Exceptions to this free movement can be found in article 58 EC. One example of a possible justification is the right for Member States to apply tax law which distinguish between taxpayers who are not in the same situation with regard to their residence or with regard to the place where their capital is invested. Certain fundamental principles have to be complied with, foremost the Principle of Proportionality and the Principle of Legal Certainty, to be able to justify a restriction on the free movement of capital. If the Savings Directive is in breach of the free movement of capital according to article 56-60 EC, is analysed in this thesis. It is discussed whether the Directive constitutes a restriction and in that case which possible justifications there are. Our conclusion is that the Savings Directive constitutes a restriction, in so far that it will likely dissuade residents from placing their capital in another Member State, because they will be taxed in their State of residence anyhow. However, this restriction is possible to justify according to article 58 (1) (b) EC. Therefore, the Savings Directive is not in breach of the free movement of capital. / Sparandedirektivet träder i kraft 1 juli 2005, efter många års diskussioner kring det och efter att flera förslag har röstats ner. Sparandedirektivet innebär att en individ från en Medlemsstat som mottager ränteinkomst härrörande från sparande i ett annat Medlems land blir beskattad i Medlemsstaten där han eller hon bor. Detta skall ske genom automatiskt utbyte av information rörande ränteinkomster på besparingar mellan Medlemsstaterna. Några länder har fått dispans från informations utbytet under en viss tid och kommer då istället att påföra en källskatt. Den fria rörligheten av kapital blev liberaliserad fullt ut i och med att artiklarna 1 och 4 i Direktiv 88/361/EEC gavs direkt effekt. Huvudbestämmelserna från det direktivet blev senare implementerade i EG fördraget. Enligt artikel 56 EG är alla restriktioner på fri rörlighet av kapital förbjudna. I artikel 58 EG hittas dock undantag till denna fria rörlighet. Ett exempel på en möjlig rättfärdigande grund för en restriktion är möjligheten för Medlemsstater att behandla individer skattemässigt olika beroende på var de är bosatta och beroende på var kapitalet är placerat. För att kunna rättfärdiga en restriktion på den fria rörligheten av kapital måste också vissa grundläggande principer följas, framförallt proportionalitetsprincipen och principen om rättssäkerhet. Denna uppsats utreder om Sparandedirektivet bryter mot den fria rörligheten av kapital uppställd i artiklarna 56-60 EG, genom att analysera om Direktivet utgör en restriktion och i så fall vilka rättfärdigandegrunder som är möjliga att använda. Slutsatsen, baserat på vår utredning, blir att Sparandedirektivet utgör en restriktion på den fria rörligheten av kapital, eftersom det troligtvis kommer att avskräcka personer från att placera besparingar utomlands, då de kommer att bli beskattade i den stat de bor i alla fall. Restriktionen är dock möjlig att rättfärdiga genom 58 (1) (b) EG. Därför bryter Sparandedirektivet inte mot fri rörlighet av kapital.