Integration Duties in the European Union: Four Models

Sarah Ganty, Integration duties in the European Union: Four models, Maastricht Journal of European and Comparative Law (2021) Vol. 28(6) 784–804

20 Pages Posted: 31 Jan 2022

See all articles by Sarah Ganty

Sarah Ganty

Yale Law School; Ghent University - Faculty of Law; Central European University

Date Written: December 2021

Abstract

Integration is becoming increasingly important in law, due to the growing involvement of the legislative, executive and judicial powers at European, national, regional and local levels. This phenomenon concerns third-country nationals and EU citizens, despite the fundamentally different legal regimes applicable to these groups. In this article, I discuss the expansion of integration obligations and conditions or integration duties and the different legal mechanisms which they are based on. I propose four conditions- and obligations-based integration models likely to be found in EU law and national laws: the symbolic model, the meritocratic model, the activation model and the selective model. From a legal perspective, identifying these integration mechanisms is essential for assessing compliance with fundamental rights and EU law. More-over, such a typology is likely to help researchers, policy-makers and the public obtain a better sense of how the conception of integration evolves in our societies and in the legal field in particular. I conclude by briefly sketching a common trend which I observed throughout the four models: they are imbued with a strong socioeconomic dimension hindering the socioeconomically underprivileged categories.

Keywords: integration, immigration, free movement, discrimination, social rights, merit, EU citizens

Suggested Citation

Ganty, Sarah, Integration Duties in the European Union: Four Models (December 2021). Sarah Ganty, Integration duties in the European Union: Four models, Maastricht Journal of European and Comparative Law (2021) Vol. 28(6) 784–804, Available at SSRN: https://ssrn.com/abstract=4017682 or http://dx.doi.org/10.2139/ssrn.4017682

Sarah Ganty (Contact Author)

Yale Law School ( email )

127 Wall Street
New Haven, CT 06511
United States

Ghent University - Faculty of Law ( email )

Universiteitstraat 4
Ghent, B-9000
Belgium

Central European University ( email )

Hungary

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