When Legal Worlds Collide: An Exploration of What Happens When EU Free Movement Law Meets UK Immigration Law

European Law Review, April 2013

Edinburgh School of Law Research Paper No. 2012/31

Europa Working Paper No. 2012/3

36 Pages Posted: 21 Dec 2012 Last revised: 3 Jun 2013

Jo Shaw

University of Edinburgh

Nina Miller

University of Edinburgh - School of Law

Date Written: December 20, 2012

Abstract

This article explores the interactions between the EU rules on the free movement of persons and the institutions and legal structures of UK immigration law, by providing a case study of the implementation of EU free movement rules in the UK in relation to immigration-related questions such as first entry and residence, stability of residence and family reunion. The research is based on the analysis of both legal doctrine and interview data. The narrow conclusion of the article is that adversarial relationships between the various stakeholders have arisen in this domain, and may hinder the effective application of EU law. In some fields, there has been a consistent failure to apply the correct EU principles at the national level, especially on the part of the UK Border Agency. The broader conclusion concerns the capacity of this type of contextualised analysis to provider richer comparisons between legal sectors and Member States, offering a more nuanced view of how the worlds of EU law and national law intersect.

Keywords: law, European Union, citizenship, immigration, sovereignty, free movement, courts, empirical research

Suggested Citation

Shaw, Jo and Miller, Nina, When Legal Worlds Collide: An Exploration of What Happens When EU Free Movement Law Meets UK Immigration Law (December 20, 2012). European Law Review, April 2013; Edinburgh School of Law Research Paper No. 2012/31 ; Europa Working Paper No. 2012/3. Available at SSRN: https://ssrn.com/abstract=2192253

Jo Shaw (Contact Author)

University of Edinburgh ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

HOME PAGE: http://www.law.ed.ac.uk/staff/joshaw/

Nina Miller

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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