Free Movement of Persons within the European Community: Cross-Border Access to Public Benefits
This book explores the extent to which European Community law confers upon individuals the right to gain access to public services in other Member States. Are European citizens and third country nationals who have moved to other Member States entitled to claim minimum subsistence benefits,to receive medical care or to be admitted to education? Does Community law provide for a freedom of movement for patients, students and persons in need of social welfare benefits? If so, to what extent does Community law have regard for the Member States' fears for, and concerns about, welfare tourism? Besides addressing numerous detailed questions on the precise degree to which Community law allows for cross-border access to public services, the author analyses how Community law, and the Court of Justice in particular, have sought to reconcile the Community's objectives of realising freedom of movement and ensuring equality of treatment with the need to develop and maintain adequate social services within the Community. In addition, the book contains a detailed analysis of United States constitutional law on cross-border access to public services, exploring the question whether the European Community can possibly learn from the American experience.
1129011214
Free Movement of Persons within the European Community: Cross-Border Access to Public Benefits
This book explores the extent to which European Community law confers upon individuals the right to gain access to public services in other Member States. Are European citizens and third country nationals who have moved to other Member States entitled to claim minimum subsistence benefits,to receive medical care or to be admitted to education? Does Community law provide for a freedom of movement for patients, students and persons in need of social welfare benefits? If so, to what extent does Community law have regard for the Member States' fears for, and concerns about, welfare tourism? Besides addressing numerous detailed questions on the precise degree to which Community law allows for cross-border access to public services, the author analyses how Community law, and the Court of Justice in particular, have sought to reconcile the Community's objectives of realising freedom of movement and ensuring equality of treatment with the need to develop and maintain adequate social services within the Community. In addition, the book contains a detailed analysis of United States constitutional law on cross-border access to public services, exploring the question whether the European Community can possibly learn from the American experience.
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Free Movement of Persons within the European Community: Cross-Border Access to Public Benefits

Free Movement of Persons within the European Community: Cross-Border Access to Public Benefits

by A. Pieter Van der Mei
Free Movement of Persons within the European Community: Cross-Border Access to Public Benefits

Free Movement of Persons within the European Community: Cross-Border Access to Public Benefits

by A. Pieter Van der Mei

Hardcover

$220.00 
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Overview

This book explores the extent to which European Community law confers upon individuals the right to gain access to public services in other Member States. Are European citizens and third country nationals who have moved to other Member States entitled to claim minimum subsistence benefits,to receive medical care or to be admitted to education? Does Community law provide for a freedom of movement for patients, students and persons in need of social welfare benefits? If so, to what extent does Community law have regard for the Member States' fears for, and concerns about, welfare tourism? Besides addressing numerous detailed questions on the precise degree to which Community law allows for cross-border access to public services, the author analyses how Community law, and the Court of Justice in particular, have sought to reconcile the Community's objectives of realising freedom of movement and ensuring equality of treatment with the need to develop and maintain adequate social services within the Community. In addition, the book contains a detailed analysis of United States constitutional law on cross-border access to public services, exploring the question whether the European Community can possibly learn from the American experience.

Product Details

ISBN-13: 9781841132884
Publisher: Bloomsbury Academic
Publication date: 02/24/2003
Pages: 540
Product dimensions: 6.14(w) x 9.21(h) x 1.19(d)

About the Author

A. Pieter van der Mei is a lecturer in the Department of International and European Law at the University of Maastricht.

Table of Contents

1Introduction1
1Introduction1
2Free Movement of Persons versus the Protection of Public Benefit Systems2
2.1Public Benefits2
2.2Welfare State Benefits: Solidarity, Territoriality and Nationality3
2.3Immigration Policy and the Welfare State7
2.4Free Movement of Persons and Cross-Border Access to Welfare State Benefits10
3Definition of the Subject14
3.1Economic Residents, Non-Economic Residents, Non-Residents and Third Country Nationals14
3.2Minimum Subsistence Benefits, Health Care and Education16
3.3The United States of America17
3.4Aims of the Book18
3.5Structure of the Book18
2Free Movement of Persons within the European Community and the United States: History, Legal Framework and Basic Principles21
1Introduction21
2Economic Residents22
2.1Free Movement of Workers: a Brief History22
2.2Community Workers28
2.3Family Members39
2.4Self-Employed Persons and their Family Members41
2.5Conclusions42
3Non-Economic Residents43
3.1Towards a General Right of Residence: A Brief History43
3.2Right to Reside46
3.3Right to Equal Treatment48
4Non-Residents50
4.1Right to Travel Freely within the Community50
4.2Right to Equal Treatment52
5Third Country Nationals53
5.1Introduction53
5.2EEA Nationals56
5.3Turkish Nationals57
5.4Maghreb Nationals60
6Co-ordination of Social Security Schemes: EC Regulations No 1408/71 and No 574/7261
7Judicial Review of National Rules and Measures under the Community Provisions on the Free Movement of Persons68
7.1Direct Discrimination on Grounds of Nationality69
7.2Indirect Discrimination on Grounds of Nationality74
7.3Non-Discriminatory Rules Hampering the Free Movement of Persons77
7.4Reverse Discrimination80
8The United States82
8.1Right to Travel: A Brief History82
8.2Beneficiaries and their Free Movement Rights84
8.3Concept of State Citizenship87
8.4Right to Equal Treatment: Judicial Review Under the Equal Protection Clause87
8.5Residents92
8.6Non-Residents99
8.7Aliens106
9Conclusions113
3Minimum Subsistence Benefits115
1Introduction115
2Minimum Subsistence Benefit Schemes and the European Community117
2.1Minimum Subsistence Benefit Schemes of the Member States117
2.2Conditions of Access119
2.3Application of Regulation No 1408/71 to Minimum Subsistence Benefits121
3Economic Residents125
3.1Community Workers126
3.2Family Members133
3.3Conclusions140
4Non-Economic Residents140
4.1Introduction140
4.2Right to Reside and Right to Claim Minimum Subsistence Benefits141
5Non-Residents150
5.1Introduction150
5.2Mixed Benefits151
5.3Social Assistance Benefits164
5.4Conclusions167
6Third Country Nationals167
6.1EEA Nationals168
6.2Maghreb Nationals169
6.3Turkish Nationals173
7Conclusions177
8The United States178
8.1The American Welfare System: A Brief Introduction178
8.2Conditions of Access180
8.3Edwards: Recognition of a Freedom of Movement for Persons in Need of Welfare Benefits181
8.4Residents184
8.5Non-Residents196
8.6Aliens197
8.7Summary and Conclusions201
9Towards a General Right of Residence in the European Community203
9.1Introduction203
9.2Freedom of Movement versus the Financial Stability of Social Assistance Schemes204
9.3Legislative Options208
9.4Judicial Options214
9.5Conclusions219
4Health Care221
1Introduction221
2Health Care and the European Community222
2.1Health Care and Health Insurance Systems of the Member States222
2.2Conditions of Access226
2.3Health Care and the Common Market228
2.4Regulations No 1408/71 and No 574/72: Objectives and Basic Principles of the Rules on the Co-ordination of Health Care and Health Insurance Schemes235
3Cross-Border Access to Health Care on the Basis of the Community Rules on the Coordination of Health Care and Health Insurance Schemes240
3.1Economic Residents240
3.2Non-Residents/Travellers251
3.3Non-Economic Residents257
3.4Third Country Nationals263
3.5Patient Mobility267
3.6Initiatives to Extend Cross-Border Health Care Rights269
3.7Conclusions277
4Cross-Border Access to Health Care on the Basis of the Treaty Provisions Governing the Common Market278
4.1Introduction278
4.2Decker and Kohll279
4.3Geraets-Smits and Peerbooms289
4.4Vanbraekel306
4.5Ferlini311
4.6National Health Services313
4.7Third Country Nationals316
4.8Conclusions318
5The United States319
5.1The American Health Care System319
5.2Residents322
5.3Non-Residents325
5.4Aliens327
5.5Lessons for the European Community?331
6Conclusions332
5Education333
1Introduction333
2Education and the European Community337
2.1Educational Systems of the Member States337
2.2Conditions of Access339
2.3The Common Educational Policy340
3Economic Residents347
3.1The Community's Power to Grant Educational Rights to Workers and their Family Members347
3.2Community Workers349
3.3Children of Community Workers356
3.4Other Family Members of Community Workers364
3.5Conclusions366
4Community Students367
4.1Judicial Creation of a Free Movement of Students368
4.2Scope of the Free Movement of Students374
4.3Student grants376
4.4Right to Reside382
4.5Recognition of Diplomas385
4.6Language Requirements386
4.7Family Members of Community Students387
4.8Education and the Concept of Service389
4.9Erasmus/Socrates Students390
4.10Student Mobility391
4.11Conclusions392
5The 'Other' Non-Economic Residents394
6Third Country Nationals395
6.1Introduction396
6.2EEA Nationals397
6.3Maghreb Nationals398
6.4Turkish Nationals399
7Conclusions401
8The United States401
8.1The American Educational System: A Brief Introduction401
8.2Conditions of Access402
8.3Non-Residents405
8.4Residents408
8.5Aliens413
8.6Conclusions418
9Future of the Free Movements of Students422
9.1Introduction422
9.2Free Movement of Students versus the Protection of Educational Systems423
9.3Options for Promoting Student Mobility427
9.4Options for Protecting the Educational Interests of the Member States441
9.5Conclusion447
6Conclusions449
1Introduction449
2Residents450
2.1Introduction450
2.2Community Workers451
2.3Family Members of Community Workers454
2.4Non-Economic Residents457
2.5Residence459
2.6Conclusions460
3Non-Residents461
3.1Introduction461
3.2Frontier Workers463
3.3Travellers464
4Third Country Nationals480
5Conclusions483
Bibliography485
Index525
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