Right to Free Movement in the European Market

Right to Free Movement in the European Market The philosophy The right to move freely represents one of the fundemental freedoms of the European internal market. This general rule on free movement rights under EC law continues to be developed,[1] either due to member state progression or economic and social demands. Although one of the most panoramic in it’s ideals, the free movement of workers has seen several central legal issues arise on various occassions. But exploration of these central issues must be seen through a consideration of the tensions and interplay between both economic and social aspects of the free movement of people from both inside and outside of the European Union. The free movement of a citizen of the European Unon is seen to contribute to the economic progression of the Community as a whole. In the single market the worker is also a human being exercising their right to live in another state and to take up employment without the risk of discrimination and to improve the standards of living for themsleves, and possibly, their families. But for nationals of a third party cases such as Chen (2004), Baumbast (2002) and Carpenter (2002) have meant that as the spouse or realtive of an EU citizen their entry into the Community is a secure one. Further, gaining the same rights of an EU citizen under Regulation 1612/68 EEC. But this idea of border controls and unfettered freedom of movement within the Community is closely interlinked with the posiiton of the non-EC national, whose right to movement and residence under EC law is limited,[2] as well as the contribtuing effect that the members states’ attitude has upon their admission.[3] â€Å"Fortress Europe† Although EC legislation had intended that internal barriers to the four freedoms be eliminated and that only an external barrier (at the borders of the Community) remain, academics have argued that this may not always be so:[4] â€Å"[how] these proposals have been watered down through discussion in member states, in particular in relation to employment, which is an important requisite for the integration of migrants.†[5] Whilst the freedom of the EC worker is guaranteed through Treaty rules and secondary legislation, this does not mean that member states may no longer exercise control over population movements, into and within their territories.[6] But some ECJ case law on Directive 68/360 expressly recognised that member states may have legitimate reasons for wishing to keep account of the population within their terrrtories.[7] The European Union, by using border controls to it’s extremities, has managed ot create a border-free, intra-EU site creating what has been dubbed as â€Å"Communierisation† of its geographical position. Although the EU has been successful in its pursuit of removing internal barriers to the four freedoms, it’s imposition of external barriers (namely, the â€Å"fortress Europe† tendany) are imposing upon those nationals of third parties from stepping into Europe unless they are related to a citizen of the EU who excerts their right to free movement. The EU has long been attacked as an exclusionary organisation concerned solely with the citizens of its own member states at the cost of non-EU citizens residing in the EU, even though many of the latter form part of ethnic or religious minorities and suffer social exclusion.[8] So, it seems that the principles governing the borders of the Community are failing those third party nationals.[9] The â€Å"Outsiders† A vivid example of how â€Å"fortress Europe† had imposed this restriction can be noted prior to the accession in 2004 of many, now, Central and Eastern European countries. Lavenex[10] argues that prior to, and with suggestions of accession for Central and Eastern European countries the, then, current members of Europe had feared large-scale immigration from these countries into their own territories. The EU’s already heavily regiinented rules of external border barriers on trade and migration from â€Å"outsiders† (those countries not members of the EU) where to form part of the accession policies. Meaning that the acceeding Central and Eastern European countries encountered stringent preventative stances to their entrance into the EU on beahlf of the Community. But during a time when security at an intergovernmemtal level is already on red alert due to heightened tensions caused by the threat of terrorism,[11] it appears that migration has become a security rather than economic issue. So risking mmigrants and asylum-seekers being portrayed as a challenge to the protection of national identity and welfare provisions. Moreover, supporting the political construction of migration as a security rather than economic issue.[12] Getting in or staying out? The treatment of third country nationals (besides those who have derived rights through Community family members) can be understood through external and internal dimensions. The external element, namely the issue of â€Å"getting into the EU† focuses on the member staes and the institutions emphasis of immigration and border controls. Yet, according to the case of Wijsenbeck[13], the member states are still able to perfomr checks at their own borders, be them external or not. But this policing of movement draws attention to the vulnerablity of the third country national.[14] But progression has been felt. Through Artcles such as K.1 to K.9 of the TEU governing policies such as asylum, immigration and third country nationals which have now been intergrated into the EC Treaty (as Title IV) , as well as Regulations have now inacted the uniform format for visas.[15] Regulations also cover the listings of third countries whose nationals must be on possession of visas when crossing external borders.[16] Importanly, the area of immigartion and the member states’ stance on the matter of border control is liable to change in accordance with their political climate. The emphasis post-September 11th has fallen squarely on matters of security.[17] Various member states have also expressed concern at the numbers of third country nationals seeking asylum in their territory, so reinforcing their diffculties in gaining access into the EU. The internal dimension of the matter is one which concentrates on the rights of third country nationals already residing within the Community. As there is no stringent source as to their status upon this; such limiteed rights are based on various possible provisions. This can include their capacity as a family member of an EU citizen (as aforementioned) or as employees of EC service providers or as subject to one of the Community’s Assocaition, Co-operation or other International Agreements with third countries.[18] Even though their residence in the EU may be legitimate the general range of EC rights and freedoms, however, do not apply to them. With speculation increasing as to the possible imposition of ID cards within the UK has also been backed by the controversial possible introduction of the staus of European citizenship. This citizenship, which would be conditional upon the possession of member state nationality, may only serve to emphasise the differences in treatment between EU nationals, who possess such nationality, and those who do not. But from an economic standpoint, countries potentially out of the line of terrorist fire have welcomed the idea of third country nationals, especially those intending to work, as being a potential boost to their economy. Yet the richer member states argue that the heightened security risks and â€Å"flood gate† effects that recent accession has had is already having an adverse effect on their economies. Concluding Staying stationaery or moving through the times? But Peers[19] argues that change may soon be on the horizon with the implementation of Directive 2003/109 on the status of long-term resident third-country nationals within the European Union. This Directive was an opportunity to address the long-standing criticism that the EU gives insufficient protection to its resident third country nationals. Already being reported as limited and disappointing in a number of respects. Yet, if consequential jurisprudence reflects its interpretation as being in line with the context and objectives of the Directive, it could make a positive contribution to the status of third country nationals in the EU. This especially as in regards to movement between member states.[20] By common accord, the unity the EU claims for itselff when constituting itself as an â€Å"area of freedomn, secrutiy and justice† has become troublesome. Critics are quick to point out that the area in which freedom, security and justice are to reign is a â€Å"spurious geographical unity†.[21] Yet, even if it were to be accepted that Europe is a geographical union, the fact remains that the EU has agreements with countries outside of this territory (such as the 1963 Ankara Agreement with Turkey), meaning that EU extends its reach outside of this area.[22] One of the main arguments behind the impact Europe is having by â€Å"sealing off† its border lies closer to home. Given that accession into the Community is based upon adaptation of national policies, be them economic, political or social, to those already established within the EU, many countries faced closing their borders to the outside for upholding the principles of preventing illegal immigration. But, in contrast to this member states are also expected to uphold the humanitarian standards of refugee protection[23] and the principles of the European Human Rights Act. With the EU being a figure-head in the creation and implementation of human rights agendas, this contradiction will only serve to weaken the EU’s leading political status. Where member states face penalties for failing to uphold either of these policies, many are at a loss as to which one prevails. These conflicting ideals have obviously affected the manner in which those member states with borders to the â€Å"outside† have integrated the principles into their immigration and refugee procedures. Further to Lavenex’s idea of fear of mass migration by the West, Huysmans alleged that the question of migration from countries external to the EU is a security problem rather than just one of immigration and asylum. As Huysmans states: â€Å"Since the 1980s, the political construction of migration increasingly referred to the destabilizing effects of migration on domestic integration and to the dangers for public order it implied.†[24] Huysmans also alleged that due to such developments as the Schengen Agreements and the Dublin Convention â€Å"†¦visibly indicate that the European integration process is implicated in the development of a restrictive migration policy and the social construction of migration into a security question.† This meaning that access for third country nationals is now even tougher maybe the member states would prefer for the barriers surronding â€Å"fortress Europe† to reamin? The Schengen Convention completely removed border controls and placed stricter contorls at the external barrier of the EU. This resulting in a stronger emphasis on external restrictions and lifting all restirtcions between member states. The Schengen scheme had been directly accredited to concerns over the increase of organised crime within the Coimmunity. But with conerns inceasing still as to the problems of human and drugs trafficking into the EU from third countries and its threat to internal security only serves to push the issue of external border control into the spotlight once again. Ultimately, academic writing[25] has contemplated the responsibility of the EU to uphold it’s policy on human rights and it’s prevention of internal barriers to freedom of movement. But as inportant as thiese priniples may be in maintaining structure and authority the Community should also reconsider it’s position on a global scale when encountering the needs of asylum seekers at their external borders as well as those already residing with them without the claim of derived rights. Footnotes [1] Carrerra, S. (2005) [2] Peers, S. Towards Equality: Actual and Potential Rights of Third Country Nationals in the Euroepan Union. (1996) [3] Craig, P and De Bà ºrca, G. EU Law: Text, Cases and Materials. [4] Binkman, G (2004) [5] op cit [6] I bid 3 [7] Case 321/87 Commission v Belgium (1989) ECR 997 [8] Peers, S. (2004) [9] ECRE (2004) [10] Lavenex, S. Safe Third Countries: Extending the Eu Asylum and Immigration Policies to Central and Eastern Europe [11] Levy (2005) [12] Huysmans (2000) [13] (1999) [14] I bid 3 [15] Reg. 334/2002 [16] Reg. 359/2001 [17] I bid 11 [18] I bid 2 [19] I bid 8 [20] op cit [21] Lindahl, H. Finding a Place for Freedom, Security and Justice: The European Union’s claim to Territorial Unity. (2004) [22] ibid 8 [23] I bid 10 [24] Huysmans (2002) [25] I bid 21

The Influence of Rationalism on the French Revolution

Ben Jorgensen Professor Wakefield English 5 3 April 2013 The Influence of Rationalism on the French Revolution What was the driving force behind the French Revolution? Many people may say it was financial, or political, and while I would agree that these things were part of the force that propelled the French Revolution, I would assert that the philosophies of the Enlightenment were the dominant force that blasted late eighteenth century France into revolution .In his article, â€Å"The French Revolution: Ideas and Ideologies â€Å"Maurice Cranston of History Today articulates that the Enlightenment philosophies were pivotal in the revolutions inception. He writes that: â€Å"The philosophes undoubtedly provided the ideas. † Cranston goes on to write that: â€Å"†¦the unfolding of the Revolution, what was thought, what was said, and what was advocated, was expressed in terms and categories that came from political theorists of the Enlightenment. While many of the Enlig htenment concepts contributed to the revolution, I would propose that the philosophy of rationalism was foundational to the French Revolution because of its reliance on reason, and its opposition to superstition. Rationalism in its epistemology is defined by the Online Oxford Dictionary as: â€Å"A belief or theory that opinions and actions should be based on reason and knowledge rather than on religious belief or emotional response. The Online Encyclopedia Britannica adds: â€Å"Holding that reality itself has an inherently logical structure, the rationalist asserts that a class of truths exists that the intellect can grasp directly. † There are many types and expressions of rationalism, but the most influential expressions of rationalism pertaining to the French Revolution were in ethics and metaphysics. The first modern rationalist philosopher was Rene Descartes (1596-1650).The Stanford Encyclopedia of Philosophy states that: â€Å"Descartes is known as the father of mod ern philosophy precisely because he initiated the so-called epistemological turn that is with us still. † Descartes interest in philosophy stemmed from a fascination with the question of whether humans could know anything for certain. Descartes desired to create a philosophy that was as solid as say the concepts of algebra, or geometry, a philosophy based purely on quantifiable reason and logic.In this way, Rene Descartes laid the foundation for philosophies built on reason as opposed to superstition, chief among them: rationalism. While Rene Descartes defined the terms and laid down the agenda for the philosophy of rationalism, Baruch Spinoza (1632-1677) and Gottfried Leibniz (1646-1716) completed the triad for the chief philosophers of rationalism. Spinoza and Leibniz took the terms and agenda of Descartes philosophy of rationalism, and developed their own views on rationalism, both publishing a number of books, and journals on their rationalist philosophies.Although these e arly modern philosophers of rationalism did not directly influence the French Revolution, it cannot be doubted that their general epistemological philosophy of rationalism helped create a new way of thinking in which man was not ordained by God to rule over other men, but that it was through reason of the mind that man chose to be ruler or subject. The French Revolution began between the years 1787 and 1789.It is no wonder that the revolution occurred at this time when the Enlightenment was in its prime, shining light onto the social and political issues of the day with new philosophies like rationalism that challenged the old feudalistic and monarchist regimes of Europe that were built on irrationality and superstition. William Doyle, in his book, â€Å"The French Revolution: A Very Short Introduction,† conveys that the French Revolution was: â€Å"†¦triggered by King Louis XVI’s attempt to avoid bankruptcy. (19) However, while the trigger was financial, the soc ial and political rumblings of the Third estate is what shook, and toppled the old regime under Louis XVI, afterword which came to be called the ancien regime by the French people. Author William Doyle says that: â€Å"In political terms pre-revolutionary France was an absolute monarchy. The King shared his powers with nobody, and was answerable for its exercise to nobody but God. (21) The ancien regime government lacked reason, but was bursting with more than its fair share of divine laws and rights that the â€Å"creator† had set in place in order to insure social stability. In fact, as Doyle points out in his book, this concept that God had set forth a divine law to be followed was directly stated in a document that parliament wrote: â€Å"This social order is not only essential to the practice of every sound government: it has its origin in divine law. (24) The document goes on to say that: â€Å"The infinite and immutable wisdom in the plan of the universe established an unequal distribution of strength and character, necessarily resulting in inequality in the conditions of men within the civil order†¦Ã¢â‚¬  (24) This document summed up the ancien regimes ideology: God has placed the king the clergy, and aristocracy above the common people and that is how it is, because that is how it has been.The words irrational, divine, and superstitious come up many times when describing the ancien regimes government and society; in fact, these things were actually integral to the maintenance of government and society in France during the ancien regime. Indeed, you could not have this form of government without divine law, irrational organization, and superstitious beliefs. The rumblings of the French Revolution began as rates of literacy increased.With the rise in literacy, the French people demanded more newspapers, and books, and as much as the aristocracy and Church tried to filter what the public read, the French people began to read the writings of philosophers like, Leibniz, Spinoza, Descartes, Voltaire, and Montesquieu. With this increase in literacy, and thus knowledge, the French people became more involved in politics than they originally had been. Now Louis the XVI was scrutinized for his actions, for his mishandling of his citizens finances.Now the people of France came to expect their King to act for his people in observance of laws, as a representative of the people, instead of a man who had divine superiority over them. William Doyle writes that: â€Å" in the eighteenth century these expectations were reinforced by the widespread conviction that since nature had herself (as Isaac Newton had shown) worked by invariable laws and not divine caprice, human affairs should also be conducted so far as was possible according to fixed and regular principles, rooted in rationality, in which the scope of arbitrariness was reduced to a minimum. To have a government and society â€Å"Rooted in rationality† was what th e French revolutionaries so passionately fought to attain. In his book Europe in Retrospect, Raymond F. Betts writes that â€Å"It must be remembered that the French Revolution was the first major social revolution, of far greater dimensions and of deeper purpose than the American Revolution that had preceded it. Betts continues to explain in his book that the ideology of the French Revolution was unique for its time in what it sought to accomplish, and what it stood for: â€Å"To sweep away the old and begin the new was the liberal solution; it was predicated upon the assumption that human nature was essentially good, mankind essentially rational, and the purpose of life the ‘pursuit of earthly happiness. † The assumption that humankind was rational was a belief that the revolutionaries espoused, but I would also say that the French Revolution was built on a belief that government, society, and the individual were all capable of thriving on reason, in part on the phil osophy of rationalism. Although many events that took place during the French Revolution were controversial, and at times the actions taken by the revolutionaries were irrational, the French Revolution originated from a place of enlightenment.Indeed, more specifically, from the philosophies of the Enlightenment, and while many of the philosophies of the Enlightenment contributed to the inception of the French Revolution, the philosophy of rationalism contradicted so much of pre-r revolutionary French society that to subscribe to rationalism at that time was a revolution in itself. Steven Kreis of The History Guide. com summarizes the eventual results of the Revolution eloquently stating that: â€Å"Man had entered a stage in human history characterized by his emancipation from superstition, prejudice, cruelty and enthusiasm.Liberty had triumphed over tyranny. New institutions were created on the foundations of reason and justice and not authority or blind faith. The barriers to fre edom, liberty, equality and brotherhood were torn down. Man had been released from otherworldly torment and was now making history! † Works Cited Cranston, Maurice. â€Å"The French Revolution: Ideas and Ideologies. † History Today. History Today, 1989. Web. 2 Apr. 2013. Doyle, William. The French Revolution: A Very Short Introduction. Oxford: New York, 2001. Print.Kreis, Steven. â€Å"Lecture 11: The Origins of the French Revolution. † Lecture 11: The Origins of the French Revolution. The History Guide. com, 30 Oct. 2006. Web. 02 Apr. 2013. Lennon, Thomas M. , and Shannon Dea. â€Å"Continental Rationalism. † The Stanford Encyclopedia of Philosophy. Fall 2012 ed. N. d. Web. â€Å"Rationalism Definition. † Oxford Dictionaries Online (US). N. p. , n. d. Web. 02 Apr. 2013. â€Å"Rationalism†. Encyclop? dia Britannica. Encyclop? dia Britannica Online. Encyclop? dia Britannica Inc. , 2013. Web. 02 Apr. 2013

Infant Of Age Five Child Care - 1661 Words

Infant to Age Five Child Care What are the goals of Early Head Start? The goals or priorities of this is to provide safe and developmentally enriching caregiving. To support parent, mother and father, in the role as primary caregivers. The teaching of the children, and family in meeting personal goals. Being able to successfully achieve self sufficiency across a wide variety of domains. Communities being mobilized to provide proper resources and environment that is necessary. But also, to ensure the provision of high quality responsive services for the family. The idea of this topic, is to show the types of things that should be looked for when choosing a child care center. When choosing a child care center for whom it may involve it†¦show more content†¦To mobilize the public to provide the resources and environment required to ensure an inclusive in an array of services. To make certain that the supply of high quality responsive services of family through the growth of t rained, and caring staff. All babies, and toddlers need positive early learning knowledge for their intellectual, social and emotional development and lay the foundation. Babies and toddlers who are living in high risk surroundings need supplementary support to elevate their healthy growth and development. When choosing Quality Child Care what should be looked for? While the children are treated by caregiving adults it shapes their development in significant ways, it is pivotal to find a childcare professional who both understands and nurtures the children s learning throughout their everyday moments the share with the care giver. For, instance if you walk into a child care center and see an adult who is not being loving but ill with the children would anyone want them caring for their child? When being asked the question whom ever it contains to needs to think about things such as is the caregiver going to be loving and responsive towards the child, or ill and unresponsive? A lovin g and responsive caregiver is one who will love

Sabermetrics Advanced Statistics in Baseball - 1880 Words

Advanced Statistics in Baseball Baseball statistics are meant to be a representation of a player’s talent. Since baseball’s inception around the mid-19th century, statistics have been used to interpret the talent level of any given player, however, the statistics that have been traditionally used to define talent are often times misleading. At a fundamental level, baseball, like any game, is about winning. To win games, teams have to score runs; to score runs, players have to get on base any way they can. All the while, the pitcher and the defense are supposed to prevent runs from scoring. As simplistic as this view sounds, the statistics being used to evaluate individual players were extremely flawed. In an attempt to develop more†¦show more content†¦Fundamentally, on-base percentage is an effective tool used to show how often a player reaches base. It does not, however, take all aspects of hitting into account. On-base plus slugging (OPS) and adjusted on-base percentage plus adjusted slug ging (OPS+) are two tools that are more precise and take into account a player’s ability to reach base and hit for contact and power. The formula to calculate OPS takes the formerly introduced OBP and adds it to a player’s slugging percentage (SLG), the amount of total bases (TB) a player collects during one at-bat (AB). SLG = TB / AB OPS = OBP + SLG The hitter’s full performance is fully encompassed by the OPS statistic because of the inclusion of the slugging percentage to the formula. Winning means scoring more than the other team and a team cannot win unless they are getting on base. Therefore, the team that gets more bases has a better chance of winning, but OPS is sometimes left up to factors out of the control of players such as varying sizes of stadiums. To neutralize variables not in control of the hitter, Sabermetricians developed OPS+. 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