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CHAPTER I. INTRODUCTION = 1
1.1. Partial Migration and Changes in Pan-European Labour Markets = 1
1.2. The Aims and the Structure of the Book = 5
CHAPTER II. CORRELATION BETWEEN CATEGORIES...
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CHAPTER I. INTRODUCTION = 1
1.1. Partial Migration and Changes in Pan-European Labour Markets = 1
1.2. The Aims and the Structure of the Book = 5
CHAPTER II. CORRELATION BETWEEN CATEGORIES OF CITIZENSHIP AND RESIDENCE: THE FRAMEWORK = 7
2.1. The Outline of the History of Relationship Between Categories of Citizenship, Residence, Labour Migration and Socio-economic Rights = 7
2.2. Residence as a Possible Basis of Union Citizenship = 13
2.2.1. The Problem of Dependence of Union Citizenship on the National Citizenship of Member States = 16
2.2.2. The Change of the Membership Paradigm in the Context of European Union = 20
2.3. Residence as a Tool of Differentiation Between Citizens as Regards Socio-economic Rights in Complex Polities = 28
2.3.1. Statement of the Problem = 28 2.3.2. The European Union Framework = 32
2.4. Conclusion = 40
CHAPTER III. CONSTITUTIONAL RIGHT TO FREE MOVEMENT AND RESIDENCE FOR ALL? APPLICABILITY OF ARTICLE 18 EC IN THE CASE OF PARTIAL MIGRANTS = 43
3.1. The Right to Free Movement and Residence in Another Member State for a Person Carrying Out All Economic Activity in a Third State = 43
3.1.1. The Dichotomy Between Dynamics of Economic Activity and Stability of Residence in Baumbast: Bringing Social and Legal Perspectives Together = 43
3.1.2. Art. 18 EC as a Safety-net and Division of Union Citizens Into Economically-active and Inactive: The Dissonance Between de jure and de facto Categorisations = 50
3.1.3. The Right to Residence for an Economically Active Person under Directive 90/365? Limitations/Conditions of the Right to Residence and the Principle of Proportionality = 56
3.1.4. Consequences of Baumbast for the Life Cycle of the Right to Free Movement and Residence: Bona Fide Residents or Union Citizens? = 58
3.1.5. The Principle of Non-discrimination and the Concept of Bona Fide Residence = 70
3.1.6. The Right to Free Movement and Residence for Partial Migrants After Baumbast = 75
3.2. Carpenter Case: Community Element in the Economic Activity of Union Citizens Resident in a Member State Whose Nationality They Hold = 76 3.2.1. Correlation Between Union Citizenship and Internal Situation Rule = 76 3.2.2. Community Element in Work-related Activities of Union Citizens Resident in Their Own Member State: The Case of Virtual Intra-community Movement = 80 3.2.3. The Social Dimension of Carpenter Case and Union Citizenship: A Missed Opportunity? = 91 A. Applicability of Art. 18 EC in the case of lacunae in Community law governing free movement of persons = 91 B. The substantive aspect of Community protection of the right to family life in the case of a Union citizen resident in his own Member State = 95 C. Evolution of Community law in the domain of family issues: infusing economic membership with social meaning = 96 D. Effect of overlapping legal orders on justification of Community protection of the rights of Union citizens resident in their own Member States = 100 E. A Union citizen, human being or economic agent: the paradox of Community protection = 110
3.3. Claims of Union Citizens Exercising Economic Activity in the Member State of Origin While Resident in Another Member State as Economically-inactive Persons = 115
3.3.1. Factor of Correlation Between Residence and Economic Activity in Another Member State in Categorisation of Union Citizens Employed or Self-employed in Member States of Their Origin as Economically-active Migrants = 115
3.3.2. The Exercise of the Right to Free Movement and Residence under Art. 18 EC as a Trigger of Community Protection as Regards Claims of Union Citizens Against Their Own Member States = 118
3.3.3. Remaining Limitations = 122
3.4. Conclusion = 125
CHAPTER IV. - RIGHTS OF PARTIAL MIGRANTS AS REGARDS SOCIAL SECURITY: UNION CITIZENS OR RESIDENTS AND WORKERS TIED TO THE NATIONAL WELFARE STATE? = 129
4.1. Welfare Rights and Nested Citizenship = 129
4.1.1. The Influence of Economic Modes on Social Membership in the European Union = 134
4.1.2. Utilisation of the Concept of Regulation in the Domain of Welfare: The European Union Version = 136
4.1.3. Possibility of Convergence of Social Policies of Member States = 139
4.2. Conceptualisation of Partial Migration in the Context of the Lex Loci Laboris/ Lex Loci Domicilii Dichotomy = 141
4.2.1. Rules Applicable to Persons Who Carry Out Work-related Activity in More than One Member State = 142
4.2.2. Special Rules in the Event of Posting = 147
A. The concept of work in another Member State = 149
B. Organic ties between the posted worker and his employer = 149
C. Duration of posting: derogations = 152
D. Requirement of substantial activity = 154
E. Special rules applicable to workers posted by a temporary employment agency = 154
F. The position of self-employed persons = 156
G. The role of E 101 certificate in securing legitimate interests of Member States and posted persons = 158
H. Rights of family members of a posted worker: residence condition = 159
I. Correlation with Art. 14(2)(b) of Regulation No. 1408/71 = 161
J. Protection of rights that fall beyond the scope of Regulation No. 1408/71 = 163
4.2.3. Social Security for Frontier Workers: Benefits and Disadvantages of the Choice Between the Law Member States of Residence and Employment = 164
A. Definition of a 'frontier worker' = 164
B. Special rules on unemployment benefits = 165
C. Administrative checks and medical examinations of frontier workers in receipt of benefits listed in Art. 51 of Regulation No. 574/72 = 173
D. Family benefits and allowances = 175
E. Sickness and maternity benefits = 182
F. Topical issues of social security after cessation of economic activity by a frontier worker = 187
G. Debatable aspects of correlation between Regulation No. 1408/71 and Regulation No. 1612/68 relevant for frontier workers = 189
4.3. Conclusion = 193
CHAPTER V. EFFECT OF THE RESIDENCE CRITERION ON THE RIGHT TO FREE MOVEMENT OF PARTIAL MIGRANTS IN THE AREA OF TAXATION = 195
5.1. Socio-economic Aspect of Taxation with Reference to Partial Migrants = 195
5.1.1. The Perspective of Partial Migrants = 195
5.1.2. The Perspective of the Member States = 197
5.2. Conceptual Problems of Community Law as Regards Abolition of Obstacles to Free Movement in the Case of Partial Migrants = 200
5.2.1. Dichotomy Between the Community Principle of Non-discrimination on the Basis of Nationality and Principles of International Tax Law = 200
A. Limitations of Community competence in the domain of taxation = 200
B. The role of the residence factor in taxation law = 204
5.2.2. Assimilation of the Position of Non-residents to Residents = 207
5.2.3. De Groot: How Member States Freedoms Should be Balanced with Their Obligations under the EC Treaty = 214
5.2.4. The Role of the Concept of Non-discriminative Obstacles to Free Movement in Balancing the Community Rights of Partial Migrants and Tax Sovereignty of Member States = 215
A. Justificatory test for the argument of preservation of cohesion of national tax systems: the general case = 215
B. The role of integration of Member States taxation systems in litigation on non-discriminatory tax obstacles to free movement = 219
C. Correlation between the doctrine of non-discriminatory obstacles to free movement and the principle of nondiscrimination on the grounds of nationality = 223
5.2.5. Cross-frontier Test of Obstacles to Free Movement of Partial Migrants = 226
5.2.6. Elimination of Obstacles to Free Movement of Services as a Way of Protection of Legitimate Interests of Migrants in Taxation Issues = 231
5.2.7. Pan-European Pension Institutions as a Mechanism of Elimination of Tax Obstacles to Free Movement for Union Citizens Employed with Multinational Companies = 238
5.2.8. Side Effects of Tax Disparities = 240
5.3. Conclusion = 241
CHAPTER VI. HOUSING RIGHTS AND OTHER RIGHTS CONNECTED TO IMMOVABLE PROPERTY = 243
6.1. Bona Fide Residence as a Condition of the Right to Housing = 243
6.2. A Special Case of Interface Between the Domains of Housing and Taxation = 252
6.3. Correlation Between Rights to Immovable Property and Freedom to Provide Services = 255
6.4. Conclusion = 256
CHAPTER VII. CONCLUSION = 259
On the issue of universality of the right to free movement and residence and applicability of Art. 18 EC in the case of partial migrants = 260
On the issue of rights of partial migrants in the area of social security = 263
On the issue of rights of partial migrants in the area of taxation = 265
On the issue of housing rights and other rights to immovable property = 266
BIBLIOGRAPHY = 269
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