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Out of the Ghetto? the Personal Scope of EU Law

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Chapter Summary

This chapter examines the EC Treaty and subsidiary legislation, with passing reference also to the Treaty on European Union (TEU) from the perspective of the personal scope of its provisions. There are several possible approaches to assess the personal scope of Community law outside the Title IV "ghetto". To examine the applicability of Union law to third country nationals, it is necessary to examine the text of the Treaties, along with legislation and case law. The following analysis begins with the opening provisions of the EC Treaty, then examines the non-personal aspects of the internal market (goods, capital), examines other EC and EU policies, and addresses the personal aspects of internal market (persons and services). It is clear that the EC Treaty was designed and worded with the intention that its provisions would in principle apply to all persons within its scope and jurisdiction, including third country nationals.

Keywords: EC Treaty; third country nationals; Title IV " ghetto"; Treaty on European Union (TEU)

10.1163/ej.9789004153745.i-1027.24
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