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Le traitement juridique de la circulation des personnes dans l’Union européenne : Approche méthodologique

Abstract : In the European context, the legal treatment of relationships of persons in motion is of particular interest. Indeed, the founding texts of the European Union enshrine a principle of freedom of movement which is understood as the possibility for people to move, in principle without restriction, throughout the territory of the Member States. Technically, however, people who move internationally are confronted with the legal effects of their movement, i.e. very simply with the transition from one national legal system to another. This raises the question of the applicable law and sometimes also of the competent authority to regulate these "circulation relationships". This dissertation proposes to answer this question by following a methodological approach, through the study of the main methods of application of the law identifiable in the European jurisdiction, namely EU substantive law, onflicts of laws rules and the principle of mutual recognition. It is also an opportunity, more generally, to reflect on the contours and essence of EU law on free movement, in which private international law has its place. In this context, the legal treatment of the movement of persons in the Union is approached in two stages. Firstly, the methodological issues of the legal treatment of movement are presented and discussed, showing how each of the methods intervenes in the regulation of "movement relationships" and what difficulties they encounter in implementation. Secondly, it is proposed to rethink these methods by relying on certain common values of the Union, shared by the European citizens and which constitues the essence of European integration: respect for human dignity, freedom, equality. Concrete proposals for the development of EU law are formulated.
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Habilitation à diriger des recherches
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Submitted on : Tuesday, June 14, 2022 - 12:06:55 PM
Last modification on : Tuesday, June 21, 2022 - 9:59:09 AM

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Marion Ho-Dac. Le traitement juridique de la circulation des personnes dans l’Union européenne : Approche méthodologique. Droit. Université de Valenciennes et du Hainaut-Cambrésis, 2019. ⟨tel-03694972⟩

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