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...

Moksliniame tiriamajame darbe nagrinėjamos laisvo asmenų judėjimo teisinio reguliavimo problemos Lietuvoje įstojus į Europos Sąjungą ir prisijungus prie Šengeno acquis. Autorė, remdamasi dokumentų analizės metodu siekia atskleisti Europos Sąjungos aktuose įtvirtintus, Europos Teisingumo Teismo išaiškintus, laisvo asmenų judėjimo teisės principus. Europos Sąjungos bei Šengeno susitariančiųjų valstybių teritorijoje laisvo asmenų judėjimo idėja buvo sukurta tam, kad būtų įgyvendinama laisvos rinkos politika. Tam, kad būtų pasiektas šis tikslas, kiekviena valstybė narė turi siekti tinkamo Europos Sąjungos aktų įgyvendinimo. Deja, Lietuva čia dar tik naujokė. Vykdant Europos Sąjungos aktuose numatytus nurodymus, juos perkeliant į Lietuvos Respublikos teisės aktus, dėl tradicijų pasikeitimo ir ankstesnių įpročių atsiranda netikslumų, neteisingų interpretacijų, ko pasekoje iškyla įvairių problemų. Šiuo atveju, nagrinėjamos problemos, susijusios su Sąjungos piliečių, jų šeimos narių ir kitų asmenų, turinčių Sąjungos piliečių statusą, judėjimu bei buvimu valstybių narių teritorijoje. Aptariant, Europos Sąjungos aktus, Europos Teisingumo Teismo praktiką, LR teisės aktus bei įvairių valstybių narių, tame tarpe ir Lietuvos, institucijų veiklą, pasinaudojant lyginamojo, loginio, taip pat analitinio kritinio metodų pagalba, darytina išvada, jog Lietuvoje laisvo asmenų judėjimo teisinio reguliavimo problemos tikrai egzistuoja: vidaus sienos atvertos, tačiau, remiantis statistika, gana... [toliau žr. visą tekstą] / The scientific research had been made in order to analyse the legal regulation of the free movement of persons in Lithuania after entering the European Union and accesing to the Schengen acquis. There was identified and investigated problems, associated with the Union citizens and their family members and other persons having the status of EU citizens, and with their movement and stay in the union’s territory. The author using the method of document’s analysis explored the main legal regulations of European Union and also the laws of Lithuanian Republic on the matter of implementation of free movement of persons. According to the observations of practitioners and experts the author described existing situation in the area of freedom of movement in Lithuania, which appeared to be innapropriate. Although the internal borders are considered to be not controled, on the basis of statistic, checks on persons are carried out quite often. Moreover, Lithuanian legislation is lacking the rule of reasonable time period for the persons who do not carry the right documents to prove that they have the right for the free movement of persons. In addition, individuals who do not carry the appropriate travel documents are not admitted to the territory, expeled or fined in accordance with such provisions which are intended for external border regime and its illegal crossing, as well as persons from third countries lawlessly crossed external borders. First of all, there should be made... [to full text]

Brain drain has been the object of much policy discussion in the gobal context for many years; however, in Lithuania it is a new phenomenon. The assessment of the brain drain scope in the country is not possible because of the lack of systematic data sources. This research discusses the brain drain issue in the context of free movement of persons after the EU enlargement.

Benefit tourism as a problematic aspect in the EU Benefit tourism is a topic which has gotten quite a lot of media attention lately, has influenced the lives of mobile EU citizens as well as the EU itself in connection with the brexit. The aim of this thesis is to provide the reader with a comprehensive portrait of the topic, and to explore how is this phenomenon reflected in the case-law of the Court of Justice of the EU. In addition to dealing with the political context and the notion of benefit tourism, this thesis explores the free movement of persons based on both, the economic and the non-economic basis. The focus of the thesis lays on the case-law of CJEU relative to the access of economically inactive EU citizens to the social assistance systems of the host Member States, particularly the judicial chain Brey - Dano - Alimanovic - García-Nieto. These judgments are revolutionary in a way, because for the first time, the Court took into account also the "public finances" argument which has been raised by the Member States for years and the CJEU has always been adamant on rejecting it in favour of wider interpretation of social rights. The CJEU abandoned its previous stands on the financial solidarity, equal treatment and the extension of EU citizens' rights of socially inactive EU citizens and...

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Separatist tendencies in individual EU Member States and the potential impact on the free movement of persons in the EU This thesis deals with the separatist tendencies within the Member States of the European Union. It is therefore a case when a certain region within a Member State decides to secede from it. This needs to be distinguished from a situation when a whole Member State decides to withdraw from the Union. The aim of this thesis is to analyze the various possible scenarios in the case where there is a separation of that region from the Member State. It deals with it in the context of the regions potential continuity within the Union and furthermore it examines the differences between the two most important cases of possible internal secession in the EU of today: Catalonia and Scotland. The thesis evaluates the most probable scenarios in both cases and the consequent impact of such subjective secession of the regions on citizens and their rights in the EU context, in particular the free movement of persons. The first chapter deals with the definition of separatism and general characteristics of the practical behavior of the regions and the state they secede from in the context of the EU. It looks especially at the relationship between the originar country and the separatist region and...

Separatist tendencies in individual EU Member States and the potential impact on the free movement of persons in the EU This thesis deals with the separatist tendencies within the Member States of the European Union. It is therefore a case when a certain region within a Member State decides to secede from it. This needs to be distinguished from a situation when a whole Member State decides to withdraw from the Union. The aim of this thesis is to analyze the various possible scenarios in the case where there is a separation of that region from the Member State. It deals with it in the context of the regions potential continuity within the Union and furthermore it examines the differences between the two most important cases of possible internal secession in the EU of today: Catalonia and Scotland. The thesis evaluates the most probable scenarios in both cases and the consequent impact of such subjective secession of the regions on citizens and their rights in the EU context, in particular the free movement of persons. The first chapter deals with the definition of separatism and general characteristics of the practical behavior of the regions and the state they secede from in the context of the EU. It looks especially at the relationship between the originar country and the separatist region and...

This thesis examines how the right of free movement of persons is governed through surveillance databases represented as security measures by applying the governmentality perspective. In order to do that, the study focuses on the relationship between freedom of movement, security and surveillance databases in the European Union such as Schengen Information System (SIS), European Dactylographic System (EURODAC) and the Europol Computer System (TECS). The main argument of the thesis is to analyze the role of surveillance databases in controlling the free movements of certain kinds of people that are seen as a &quot / threat&quot / to the European internal security.

Magister Legum - LLM / South Africa