Intra-EU Mobility of EU Citizens and Third-Country Nationals: Where EU Free Movement and Migration Policies Intersect or Disconnect?

Goldner Lang, Iris, Intra-EU Mobility of EU Citizens and Third-Country Nationals Where EU Free Movement and Migration Policies Intersect or Disconnect?, in: Philippe de Bruycker and Evangelia (Lilian) Tsourdi (eds.), Research Handbook on EU Migration and Asylum Law, Edward Elgar, 2020, Forthcoming

22 Pages Posted: 6 Mar 2020

See all articles by Iris Goldner Lang

Iris Goldner Lang

University of Zagreb - Faculty of Law

Date Written: August 1, 2018

Abstract

Free movement of persons is one of the cornerstones of EU law. It is considered that any restriction to free movement has detrimental effects on the functioning of the EU internal market and on economic growth. From this perspective it would seem only reasonable that the internal market logic would favour intra-EU mobility of all economically active persons legally residing on the EU territory. Yet, even though Article 3(2) TEU commits the Union to ensure “free movement of persons” in its “area of freedom, security and justice without internal frontiers”, EU free movement policy and the ensuing intra-EU mobility rights remain mainly reserved for EU citizens, whereas third-country nationals (further in text: TCNs) are generally not covered by the EU free movement policy. This opens up three questions that will be explored in the following pages. First, why is there such a visible divide between the EU free movement and migration policies in relation to intra-EU mobility of EU citizens and TCNs, knowing that the economic benefits of free movement of persons have been recognized in the EU for decades? Second, are there, nevertheless, areas where the two policies do merge? And, third, should a different approach to TCNs’ intra-EU mobility rights be more beneficial for their successful integration and/or for the process of EU integration?

Suggested Citation

Goldner Lang, Iris, Intra-EU Mobility of EU Citizens and Third-Country Nationals: Where EU Free Movement and Migration Policies Intersect or Disconnect? (August 1, 2018). Goldner Lang, Iris, Intra-EU Mobility of EU Citizens and Third-Country Nationals Where EU Free Movement and Migration Policies Intersect or Disconnect?, in: Philippe de Bruycker and Evangelia (Lilian) Tsourdi (eds.), Research Handbook on EU Migration and Asylum Law, Edward Elgar, 2020, Forthcoming , Available at SSRN: https://ssrn.com/abstract=3545929 or http://dx.doi.org/10.2139/ssrn.3545929

Iris Goldner Lang (Contact Author)

University of Zagreb - Faculty of Law ( email )

Trg Republike Hrvatske 14
Zagreb, 10000
Croatia

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