Papers by Iris Goldner Lang
European Union Economic Law and Culture: Towards a European Culturally Corrected Market Economy, 2024
The EU internal market is based on the presumption of unhindered movement. National restrictions,... more The EU internal market is based on the presumption of unhindered movement. National restrictions, which limit free movement, are perceived as antipodes of the internal market, which limit its successful functioning. This paper takes a different view and approaches the internal market from the perspective of market failure logic and by taking the protection of culture as a case study. It argues that national restrictions, whose aim is to protect important public interests-such as the protection of culture-and which are proportionate, are the precondition for the successful functioning of the internal market, as they contribute to the social optimum which could not be achieved by the unhindered play of market forces. Consequently, Member States' reliance on justifiable reasons to restrict free movement should be viewed as a corrective of market failure and an inherent, constituent part of the internal market logic, even if limiting cross-border movement. In this context, it is argued that a Member State would make a more convincing argument when justifying a national restriction by relying on a market failure test and showing that a social optimum would not be attained without state intervention. It is also suggested that in areas where free movement overlaps with issues under national competence, such as culture, Member States should be given more leeway when defending their restrictive measures, which prevent market failure.
Zbornik Pravnog Fakulteta U Zagrebu, Oct 20, 2006
Jedno od podruËja usklaivanja pravnog sustava Republike Hrvatske s acquis communautaire svakako ... more Jedno od podruËja usklaivanja pravnog sustava Republike Hrvatske s acquis communautaire svakako su i pitanja ulaska i boravka draeavljana treÊih draeava na teritoriju Hrvatske. Tom se problematikom bavi ovaj rad, pristupajuÊi joj iz perspektive njezinih pravnih, politiËkih i praktiËnih implikacija, a ne analizom samog tehniËkog procesa usklaivanja. Posebno teaeiπte analize stavljeno je na izazove i probleme koji se javljaju prilikom harmonizacije tog podruËja s pravnom steËevinom, stavljajuÊi navedenu problematiku u kontekst migracijske politike i prava draeavljana treÊih draeava u Europskoj uniji. Uz uvodni dio i zakljuËak, rad obuhvaÊa πest tematskih cjelina. U prvom se dijelu bavi problematikom privremenog, a u drugom dijelu stalnog boravka, opÊenito. Slijedi analiza pristupa i boravka draeavljana treÊih draeava u posebne svrhe: zapoπljavanja i samozapoπljavanja te studiranja. U petom se dijelu razmatra problematika spajanja obitelji, dok se u zavrπnom poglavlju rad bavi pitanjima vezanim uz zabranu diskriminacije i integraciju draeavljana treÊih draeava koji zakonito borave na teritoriju Republike Hrvatske.
Social Science Research Network, Apr 18, 2020
Fear is a terrible thing. For the past several months, the fear of COVID-19 has driven our behavi... more Fear is a terrible thing. For the past several months, the fear of COVID-19 has driven our behaviour and the functioning of our societies. COVID-19 has generated fear for our lives and health, and made us dread the collapse of our health systems, economies, society, and the way of life that we have know. COVID-19 has also demonstrated the fragility of EU free movement rules when faced with an unknown virus of such magnitude and strength, while raising the issues of power, solidarity and trust in the system.
The Covid-19 pandemic landed in a world grappling with increasing numbers of humans on the move, ... more The Covid-19 pandemic landed in a world grappling with increasing numbers of humans on the move, in response to whom destination states have instituted strict and often harsh border control policies. The pandemic, which has given rise to legitimate public health concerns about the movement of people even domestically, has also been leveraged as a pretext to renege on international legal obligations towards migrants in ways that are not justified by public health guidance. Often located in positions of precarity, migrants test the strength of destination states’ humanitarian commitments and the binding nature of international migration law. The pandemic also demonstrated the fragility of EU free movement rules, raising issues of power, solidarity and trust in the system. EU Member States’ reintroduction of intra-Schengen border controls, the imposition of travel restrictions, including entry and exit bans, and the closure of external borders towards third countries challenged both th...
This book analyses the pre-accession and post-accession process in the field of free movement of ... more This book analyses the pre-accession and post-accession process in the field of free movement of persons in the EU. It examines the extent to which nationals of states covered by Europe Agreements and Stabilisation and Association Agreements derive rights related to free movement and non-discrimination under three categories of economic movement – as workers, self-employed persons and as service providers. The text discusses a number of controversial issues related to the topic of movement, such as access to the Member States’ labour market, family reunification rights and transitional arrangements in the post-accession period. It reveals that the transformation of the status of economic migrants is not finalised immediately upon accession and the sensitivities surrounding free movement of persons from the new Member States remain much longer.
This paper will deal with the most recent trends in the area of EU citizenship law. The analysis ... more This paper will deal with the most recent trends in the area of EU citizenship law. The analysis will particularly try to offer new insights into the internal situation rule by discussing the application of EU citizenship rules to “static” EU citizens, their family reunification rights and the right of residence of such EU citizens and their third-country-national relatives.
European Foreign Affairs Review
the European Commission proposed the New Pact on Migration and Asylum (hereinafter: the Pact) wit... more the European Commission proposed the New Pact on Migration and Asylum (hereinafter: the Pact) with an appended package of new legislative proposals. 1 As pointed out by a number of commentators, the Pact's primary focus is on managing mixed flows and countering irregular arrivals. 2 The current stalemate in the Member States' negotiations on the legislative proposals testifies that the Pact does not offer a satisfactory solution to bridge the divide between Member States on the issue of solidarity and responsibilitysharing in distributing asylum seekers and migrants who cannot be returned. Additionally, if adopted in its proposed form, the nature of the envisaged screening and border procedures, short deadlines and demanding operational, financial and human resource requirements set by the proposals will make it extremely difficult for Member States to put the new rules into practice without violating asylum seekers' rights. 3 Insufficient investment in operational, personnel and financial resources for screening and border procedures could result in the poor implementation of the Pact and in serious violations of
Retos emergentes de los Derechos Humanos: ¿Garantías en peligro?, 2019, ISBN 978-84-1313-876-3, págs. 129-142, 2019
Reforming the Common European Asylum System
at the time of what seemed (but turned out not) to be the photo finish of the negotiations of the... more at the time of what seemed (but turned out not) to be the photo finish of the negotiations of the 2021-2027 Multiannual Financial Framework (MFF) -the European Commission proposed the New Pact on Migration and Asylum with the appended package of new legislative proposal. The aim of this article is to look at the financial implications of the Migration Pact and examine whether the ambitions of the new Pact are reflected in the 2021-2027 MFF. The text will try to respond to two questions. Firstly, it will examine whether the Migration Pact generates new costs for the EU and its Member States and whether these costs have been calculated into the MFF; and secondly, it will consider whether the creation of additional costs by the Migration Pact could interfere with its successful adoption and implementation.
EU Citizenship and Free Movement Rights
Free movement rights have been some of the most positive achievements of EU integration. However,... more Free movement rights have been some of the most positive achievements of EU integration. However, this paper would like to point to the contradictory effects of these rights, especially since the accession of Central and Eastern European countries. Free movement rights create numerous benefits for the emigrating population and for the EU as a whole as they enable free circulation of labour from places with high unemployment to places where there is a need for labour. However, the social, economic and political downsides for the sending Member States should not be underestimated. This paper aims to explore what has been done so far and which new EU-level measures need to be introduced to mitigate the negative effects of free movement, without restricting it. The text reflects on existing and potential new EU funds, the reconceptualisation of EU citizenship, and the full implementation of the European Pillar of Social Rights.
EMU Integration and Member States’ Constitutions
Teaching Migration and Asylum Law
The title of this text suggests that in the past several years the Court of Justice has been show... more The title of this text suggests that in the past several years the Court of Justice has been showing signs of passivism in some of its most prominent cases related to the 2015/2016 refugee influx into the EU. Such Court's behaviour will be labelled as «judicial passivism». The aim of this paper is, first, to define the term “judicial passivism”, second, to identify examples of the Court’s passive behaviour and, third, to determine the reasons for such behaviour and its impact on the future development of EU law in general and EU migration and asylum law in particular. The phenomenon of judicial passivism will be discussed by looking at the judgments of the Court of Justice in the area of migration and asylum: the judgments on the EU-Turkey Statement, the judgment on humanitarian visas in X & X,4 and the judgments on the Western Balkans route in A.S. and Jafari. The text will connect the judgments on the EU-Turkey Statement and in A.S. and Jafari with the February/March 2020 deve...
International Institutions: European Union eJournal, 2020
The aim of this contribution is to explain the Croatian constitutional setup and elaborate on the... more The aim of this contribution is to explain the Croatian constitutional setup and elaborate on the possible Constitution-based obstacles to furthering economic and monetary integration in the EU, with specific emphasis on the role of the Constitutional Court. Croatia is the newest EU Member State, and has still not joined the euro area, but retains the status of a Member State with a derogation. However, becoming part of the euro area is one of its policy priorities.
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Papers by Iris Goldner Lang