The idea that the free movement of EU nationals in the EC is based exclusively on economic considerations was already under strain before the Maastricht Treaty. It has become simply untenable since then. Discuss

Résumé du document

The free movement of people was conceived in the Treaty of Rome, along with the economic freedom. The goal was to get rid of all obstructions to the freedom to carry out a job. That is why Article 39 to 42 EC (now 48 to 51) is about free movement of salaried workers, and Article 43 to 48 (now 52 to 57) is about free movement of non-workers. The single market supposes that the progressive disappearance of all the obstacles could reduce the trade exchange between the Member States. In this aspect of the community law, four fundamental freedoms are affirmed and they are the free movements of goods; the free movement of services; the free movement of capital; the free movement of person.

Extraits

[...] Indeed, Member States close their frontiers because of the economic situation. They prefer keep jobs for their population, rather than for the European citizens. This demonstrates that the free movement of people is essentially based on economic considerations SUMMARY I. The free movement of European National is essentially based on economic considerations A. A variety of regime 1. right of establishment 2. The Free Provision of Services 3. Students, Retired People, and Other EU Nationals 4. people who do not have any access to the free movement of persons B. [...]

[...] The petition right has already been submitted, but, the Treaty has enforced it. It is not only a political one, but also a general one. The Ombudsman is a new an exclusive institution of citizens; it is foreseen by Article 138 of the Treaty. The concept of citizenship in the EU Treaty has formalised some existing rights, and had also introduced some more. The treaty has not abolished the sovereign existing of the Member State (this is shown by the fact European people cannot participate to national vote). [...]

[...] Political rights 3. External representation 4. Petition right B. In the Treaty of Maastricht 1. Definition 2. Rights of movement and residence 3. Political rights Bibliography Craig and de Búrca, EU Law: Text, Cases and Materials (OUP 3rd Ed) Evans A. A text book on European Union Law (Hart publishing. 1998) Bernard “Discrimination and Free Movement in EC (1996) 45 ICLQ 82 Closa Concept of Citizenship in the Treaty on European Union” (1992) 29 CMLRev 1137 Cullen “From Migrants to Citizens? [...]

[...] Indeed, thanks to this opportunity, they can meet people of another culture, learn another language According to a survey requested by the European Parliament and published by the Commission in 2000, the economic background of Erasmus students does not seem to differ substantially from the average background of the University student population in Europe. However, some differences emerge when one compares the social and cultural background of Erasmus students with those of a typical European student. The purpose of this program is to imitate the distinction between migrants and indigenous group. The migrant's education rights in European Community law have been developed by the Maastricht Treaty. [...]

[...] European Community Policy on Intercultural Education” (1996) 45 ICLQ 109 Davies “Market Integration and Social Policy in the Court of Justice' (1995) 24 Industrial Law Journal 49. Lenaerts “Education in European Community Law after Maastricht” (1994) 31 CMLRev 7 (1993) OJ L317/59 (1990) OJ L180/28 (1990) OJ L180/26 ECJ, 17/07/1963, Italia V Commission, 13/63 ECJ 12/02/1974, Sotgiu, 152/73 ECJ 15/12/1995, Bosman, C-415/93 Case Rewe / Bundesmonopolverwaltung für Branntwein ECJ 120/78 Case Gebhard ECJ C-55/94 Craig P. De Burca G. EU Law, textes, cases, materials, Oxford, 3rd edition p 359 Leanerts, “Education in European Community Law after “Maastricht” (1994) 31 C.M.L.Rev 24-40. [...]