Overview

The principle of free movement of workers within the European Union is of great importance to the working of the internal market. As a result, exceptions to the fundamental principles of the European Union are kept to a minimum and they are interpreted narrowly. One of the exceptions to the free movement of workers is the so-called public service exception, which is laid down in Article 39 (4) (ex Article 48 (4)) of the EC Treaty. In this book the public service exception is investigated, both at the European level and at the national level. The principle of free movement of workers within the European Union is of great importance to the working of the internal market. As a result, exceptions to the fundamental principles of the European Union are kept to a minimum and they are interpreted narrowly. One of the exceptions to the free movement of workers is the so-called public service exception, which is laid down in Article 39 (4) (ex Article 48 (4)) of the EC Treaty. In this book the public service exception is investigated, both at the European level and at the national level. In the first part of the book, the case law of the European Court of Justice dealing with the correct interpretation of the public service exception is described in detail. Attention is also paid to the concepts of nationality and (European) citizenship. National legislation dealing with nationality requirements for employment in the public service in the Netherlands, Belgium and the United Kingdom are explored in the second part of the book. There is also a more general comparison of nationality requirements as they can be found in a number of other EU Member States.

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9789076871042

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