Table of Contents

Introduction

Chapter I Citizenship of the Union

I.1 Introduction

I.2 The systematic location of the provisions on citizenship

I.3 The concept of citizenship of the Union

I.4 Community limits to acquiring and losing citizenship of the Union

I.5 Substance of citizenship of the Union. Rights

I.6 Substance of citizenship of the Union. Duties

1.7 The right of movement and residence. The traditional concept

I.8 The right of movement and residence appertaining to citizenship of the Union

I.9 Limits and conditions

I.10 Measures implementing the right of movement and residence

I.11 The citizen of the Union in the area of freedom, security and justice

I.12 Political significance of the conferral of election rights on European citizens

I.13 Participation in municipal elections

I.14 Participation in European elections

I.15 The exercise of diplomatic protection by the Community for the benefit of citizens of the Union

I.16 Diplomatic protection of a citizen of the Union by a Member State of which he or she is not a citizen

I.17 Methods of protecting non-citizens

I.18 Guarantees for participation in Community public life

I.19 Petitions to the European Parliament

I.20 Applications to the European Ombudsman

I.21 The limits ratione materiae to the activities of the European Ombudsman

I.22 Access to documents and the right to correspond with the Community institutions

I.23 Citizenship of the Union in the Treaty establishing a Constitution for Europe

Chapter II Freedom of Movement of Workers

II.1 Freedom of movement of workers under the ECSC Treaty and under the transitional regime. Outline

II.2 Territorial scope of the Community rules on the freedom of movement of workers

II.3 Scope of application ratione personae of the Community rules on freedom of movement of workers

II.4 Restrictions applying to "purely internal" situations

II.5 The requirement of citizenship of a Member State

II.6 Workers' family members

II.7 The right to enter and reside in the territory of a Member State

II.8 Restrictions on entry and residence arising from the need to safeguard the social assistance system of the host State

II.9 The right to equal treatment with national workers with regard to access to work and the conditions of work and employment

II.10 Exclusion of freedom of movement in the case of employment in the public service

II.11 The right to remain in the territory of a Member State after having worked there

II.12 Limitations on the right to enter and reside for reasons of public policy, public security and public health

II.13 Procedural safeguards

II.14 Freedom of movement of workers under the Treaty establishing a Constitution for Europe

Chapter III Right of Establishment

III.1 Introduction

III.2 The right of establishment in the EC Treaty

III.3 Differences as compared with freedom to supply services and free movement of workers

III.4 The constraint of purely internal situations

III.5 Scope ratione personae.Requirement for nationality/citizenship

III.6 (cont.) Establishment of companies

III.7 Substantive scope

III.8 (cont.) Exclusion of activities connected with the exercise of official authority

III.9 Ways of exercising freedom of establishment. Primary establishment

III.10 (cont.) Secondary establishment

III.11 Content of freedom of establishment. The rule of national treatment

III.12 Prohibition of measures applicable without distinction

III.13 Exceptions to freedom of establishment: abuse of the law

III.14 Discriminatory restrictions

III.15 (cont.) Non-discriminatory restrictions

III.16 Measures designed to facilitate the exercise of the right of establishment: mutual recognition of diplomas and other evidence of formal qualifications

III.17 Right of establishment for lawyers

III.18 Right of establishment in the Treaty establishing a Constitution for Europe

Chapter IV Services

IV.1 Introduction. Freedom to provide services in the context of the general rules on the free movement of persons

IV.2 Scope of the rules on services. The definition of "service"

IV.3 Means of providing services

IV.4 Scope ratione personae

IV.5 Scope ratione materiae. Relationship with the common transport policy and with the liberalisation of the banking and insurance sectors

IV.6 (cont.) Exclusion of activities involving the exercise of public authority

IV.7 Substance of freedom to provide services. The principle of equal treatment on grounds of nationality

IV.8 Prohibition of discrimination based on other grounds: requirement for residence

IV.9 Other prohibited discrimination: measures applicable without distinction

IV.10 Restrictions on freedom to provide services. Justifications

IV.11 (cont.) Discriminatory measures

IV.12 (cont.) Measures applicable without distinction

IV.13 Implementation of liberalisation

IV.14 (cont.) Recognition of diplomas

IV.15 (cont.) The directive on services in the internal market

IV.16 Free movement of lawyers

IV.17 Services in the Treaty establishing a Constitution for Europe

Chapter V Immigration Policy

V.1 Historical development of Community immigration policy: the original EEC Treaty

V.2 The Single European Act, the Schengen Agreement and intergovernmental cooperation

V.3 The Maastricht Treaty

V.4 The Treaty of Amsterdam and theTreaty of Nice

V.5 Bringing the Schengen acquis within the scope of the European Union

V.6 Immigration policy as part of the area of freedom,security and justice

V.7 Scope of application of immigration policy ratione materiae

V.8 Scope of application ratione personarum

V.9 Scope of application ratione loci

V.10 Competence of the Member States and Community competence

V.11 The content of Community immigration policy

V.12 Immigration policy in the Treaty establishing a Constitution for Europe

Addendum

Table of Cases

Index