THE FIRST ANNUAL LATCRIT SUMMER COLLOQUIUM: SPAIN, THE AMERICAS AND LATINO/AS: INTERNATIONAL AND COMPARATIVE LAW IN TRIANGULAR PERSPECTIVE: II. Regional Integration, National Identities and the Rights of Citizenship in Comparative Perspective: Free Movement of Persons in The European Union, National Borders and Legal Reforms: The Principle of Non-Discrimination Based On Nationality (Article 12 ECT) Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2000 University of Miami
International and Comparative Law Review

THE FIRST ANNUAL LATCRIT SUMMER COLLOQUIUM: SPAIN, THE AMERICAS AND LATINO/AS: INTERNATIONAL AND COMPARATIVE LAW IN TRIANGULAR PERSPECTIVE: II. Regional Integration, National Identities and the Rights of Citizenship in Comparative Perspective: Free Movement of Persons in The European Union, National Borders and Legal Reforms: The Principle of Non-Discrimination Based On Nationality (Article 12 ECT)

2000 / 2001

9 U. Miami Int'l & Comp. L. Rev. 61

Author

Dr. Ana Salinas de Frias*

Excerpt

A central feature of the European Union (EU) project which seeks "integration" at the Community level, is the idea that productive factors within an economy should enjoy the right of free movement. Persons, are productive factors and as such, are recipients of this right. The idea is unique within the EU where, unlike other regional associations, control of the workforce has long been guaranteed to workers.

The economic objective of free movement of workers is to create a common market workforce. The political objective, according to the Preamble and Principles of the Treaty establishing the European Community (hereinafter the ECT), is to strengthen the cohesion among the people of the EU by eliminating barriers to migration and through the promotion of-citizenship within the Union. These two objectives are clearly supported by the principle of non-discrimination based upon the worker's nationality, which is one of the few principles within the treaties that expressly establishes civil rights. It is perhaps this reason that explains why this principle is so often invoked before the Community's highest jurisdictional institution, either in tandem with other complaints or as the sole cause of action. EU law expressly prohibits, within Community territory, the application, of different criteria for Community citizens, in similar situations where nationality is the only objective difference between them. This prohibition, already vaguely contemplated by the constituent Treaties, has been progressively amplified and specified through the case law of the European Court of Justice (ECJ).

Prohibition of discrimination is a classic ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities