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

Date01 November 2009
Published date01 November 2009
DOIhttp://doi.org/10.1111/j.1468-0386.2009.00491.x
AuthorSara Iglesias Sánchez
eulj_491791..805
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
Sara Iglesias Sánchez
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.
I Introduction
The concept of mobility has been recently introduced to refer to a new type of
rights endowed by EC law to TCNs, which consist mainly of certain possibilities
to move from a EU Member State to another. These mobility rights are to be found
in specif‌ic provisions of the Directives adopted in the f‌ield of migration policy,
namely, the Long-term Residents (LTR) Directive, the Directives about the admis-
sion of students and researchers and the Directive on the admission of highly quali-
f‌ied workers.
This article will analyse the emerging system of mobility rights for TCNs, which is
being developed in the framework of the new legal norms adopted in the f‌ield of
immigration policy of the EU. For that purpose, it is necessary in the f‌irst place to
examine the human rights obligations of the EU and the implications of the establish-
ment of an Area of Freedom, Security and Justice with regard to the extension of free
movement rights to TCNs. Once we have def‌ined the constitutional framework which
must determine the legal approach to the endowment of mobility rights to TCNs, we
will examine the legal basis which could be used for this purpose, the different metho-
dologies followed for its implementation, and the rationale that has inspired the
introduction of these new rights. Finally, we will analyse the provisions currently in
European Law Journal, Vol. 15, No. 6, November 2009, pp. 791–805.
© 2009 Blackwell Publishing Ltd, 9600 Garsington Road, Oxford, OX4 2DQ, UK
and 350 Main Street, Malden, MA 02148, USA

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