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

15 Pages Posted: 17 Nov 2009

See all articles by Sara Iglesias Sánchez

Sara Iglesias Sánchez

Universidad Complutense of Madrid, Administrative Law Department; Court of Justice of the European Union

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.

Suggested Citation

Iglesias Sanchez, Sara, 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. European Law Journal, Vol. 15, Issue 6, pp. 791-805, November 2009, Available at SSRN: https://ssrn.com/abstract=1505706 or http://dx.doi.org/10.1111/j.1468-0386.2009.00491.x

Sara Iglesias Sanchez (Contact Author)

Universidad Complutense of Madrid, Administrative Law Department ( email )

Pl. Menéndez Pelayo 4
Madrid, Madrid 28040
Spain

Court of Justice of the European Union

Boulevard Konrad Adenauer
Kirchberg, L-2925
Luxembourg

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