Free Movement of Third Country Nationals in the European Union? Main Features, Deficiencies and Challenges of the new Mobility Rights in the Area of Freedom, Security and Justice

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Abstract:

Abstract

The adoption of European Community (EC) Directives in the field of legal migration has been accompanied by the introduction of intra-community mobility rights. This new kind of right is characterised by specific features with regard to free movement rights enjoyed by European Union (EU) citizens. Besides, existing mobility rights for third country nationals (TCNs) raise some important problems with regard to their legal configuration and to their relationship with other fields of Community law. After having addressed these issues, it will be argued that the current regulation of mobility rights for TCNs does not fulfil the requirements of systematic coherence, and does no meet the need to grant a level of free movement that encompasses the evolution of harmonisation in the field of the Area of Freedom, Security and Justice.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1468-0386.2009.00491.x

Publication date: November 1, 2009

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