Abstract
One of the four fundamental freedoms of the European Economic Community (EEC) is, beside those relating to the free movement of goods, services and capital, the free movement of persons (Articles 3 and 48 ff of the EEC Treaty). A fundamental component of this free movement of persons between the currently nine, and as of 1 January 1981 (with the accession of Greece) ten Member states, is the right of establishment (EEC Treaty, Articles 52 ff).1 In a general legal framework in which the EEC Treaty serves as a basic instrument (French: traité-cadre; German: Rahmenvertrag), the terms ‘free movement of persons’ and ‘right of establishment’ are not elaborated in exhaustive detail, but they imply more than what has been textually laid down in the EEC Treaty. They implicitly refer to numerous ancillary and ‘consequential’ aspects of the free movement of persons involved in wage-earning, non-salaried and other trading and economic activities; for example, the status of such persons with respect to social insurance and the rights of their dependents cannot be but part of the envisaged law regulating the free movement of persons and the right of establishment. The elaboration of such ancillary or consequential aspects have been elaborated accordingly by Community secondary legislation and harmonization (approximation) of the relevant municipal laws of the Member States, and the practice of the European Court of Justice (ECJ) has contributed its valuable share to the articulation and consolidation of the law governing the freedom of movement of physical and legal persons and their establishment in one of the Member States of the Community.
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Notes
Transitional provisions will apply for Greece in the period 1981–1988. See, for example, Articles 44–48, relating to the free movement of persons, Treaty of Accession concluded between Greece and Member States of the European Community (Athens, 28 May 1979).
For a detailed commentary on EEC Article 222, see von der Groeben/von Boeckh/Thiesing, Kommentar zum EWG-Vertrag (Commentary on the Treaty of the European Economic Community), 2nd improved edition, 2 volumes (1974), volume 2, pp. 654 ff.
Balekjian, Legal Aspects of Foreign Investment in the European Economic Community (Manchester University Press, 1967), p. 165 and literature quoted in footnote 1 on the same page.
Id., pp. 165 ff.
On the content of `free movement’ or consequential rights attached to it, see Regulation 1612/68, 15 October 1968; Journal Officiel (Official Journal of the Communities), 295/12 L. On aspects of definition of `workers’ in Community law, see Plender, `An Incipient Form of European Citizenship’, European Law and the Individual (F. G. Jacobs, editor) (1976), pp. 39 ff.
On the principle of equality of treatment or non-discrimination, see Toth, Legal Protection of Individuals in the European Communities, 2 volumes (1977); volume 1, pp. 111–114. See also Reyners v. Belgian State (Case 2/74), Judgment of 21 June 1974; European Court Reports (1974), pp. 631 ff, at p. 651 (number 24; see also numbers 15 and 16). See also Sotgiu v. Deutsche Bundespost (Case 152/73), Judgment of 12 February 1974; European Court Reports (1974), pp. 153 ff.
On the concept of public policy in a Community context, see Lyon-Caen, La réserve d’ordre public en matière de liberté d’établissement et de libre circulation (The exception clause of public policy relating to the right of establishment and freedom of movement), Revue Trimestrielle de Droit Européen 2 (1966), pp. 693 ff. The exception of public policy cannot be invoked for economic purposes; see Van Duyn v. Home Office (Case 41/74), Judgment of 4 December 1974, European Court Reports (1974), pp. 1337 ff.
See Verdross/Simma, Universelles Völkerrecht: Theorie und Praxis (1976), pp. 586 f.
See on the right to housing as a consequential right to the freedom of movement, Regulation 1612/68, Article 10(3); 15 October 1968; Journal Officiel (Official Journal of the European Communities), 295/12 L. On nationals of third states, see Much/Séché, Les Droits de l’étranger dans les Communautés européennes (The rights of aliens in the European Communities), in Cahiers de Droit 11 (1975), pp. 251 ff, at pp. 269 ff.
On the investment climate in the European Community in the 1960s see Balekjian, supra n. 3, pp. 295–326.
On this point see Gazette du Palais (Gazette of the Palace of Justice) (Paris, 1972), Section Doctrine, pp. 349–352; see also Simon-Depitre, Les récentes réformes législatives et réglementaires relatives à la condition des étrangers (Recent legislative and regulatory reforms pertaining to the status of foreigners [in France]), Journal du Droit International 102 (1975), pp. 455 ff.
On immigration law in the Community, see Hartley, EEC Immigration Law (1978), volume 7 in the series European Studies in Law (A. G. Chloros, editor).
See Balekjian, supra n. 10, pp. 186–191.
Texts in Brownlie, Basic Documents on Human Rights (1971), pp. 338 ff.
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Balekjian, W.H. (1980). The European Community. In: Campbell, D. (eds) Legal Aspects of Alien Acquisition of Real Property. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-4421-8_14
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