Right to Free Movement in the European Market

Right to Free Movement in the atomic number 63an food marketThe philosophyThe advanced to move freely represents integrity of the fundemental exemptions of the European essential market. This general rule on free movement rights under EC law continues to be developed,1 either due to penis state advancement or economic and favorable demands. Although one of the most panoramic in its intellectls, the free movement of proles has seen several central legal make outs farm on various occassions. except exploration of these central issues essential be seen through a consideration of the tensions and interplay amid both economic and social aspects of the free movement of people from both inside and outside of the European Union.The free movement of a citizen of the European Unon is seen to contribute to the economic advancement of the Community as a whole. In the single market the worker is withal a human beingness exercising their right to live on in another state and to t ake up employment without the chance of discrimination and to improve the standards of living for themsleves, and possibly, their families.But for nationals of a triplet fellowship cases such as Chen (2004), Baumbast (2002) and Carpenter (2002) commence inculpatet that as the match or realtive of an EU citizen their entry into the Community is a secure one. Further, gaining the kindred rights of an EU citizen under Regulation 1612/68 EEC.But this idea of brink controls and unfettered freedom of movement within the Community is closely interlinked with the posiiton of the non-EC national, whose right to movement and home under EC law is check,2 as rise up as the contribtuing effect that the members states attitude has upon their admission.3Fortress EuropeAlthough EC canon had intended that inhering restraints to the four freedoms be eliminated and that only an external breastwork (at the borders of the Community) remain, academics pay back argued that this whitethorn not always be so4how these proposals pass water been watered d take in through discussion in member states, in particular in relation to employment, which is an important requi pose for the integration of migrants.5Whilst the freedom of the EC worker is guaranteed through Treaty rules and secondary legislation, this does not mean that member states may no longer exercise control everywhere population movements, into and within their territories.6 But some ECJ case law on guiding 68/360 expressly recognised that member states may defecate legitimate reasons for wishing to keep account of the population within their terrrtories.7The European Union, by using border controls to its extremities, has managed ot create a border-free, intra-EU site creating what has been dubbed as Communierisation of its geographical position.Although the EU has been successful in its pursuit of removing internal barriers to the four freedoms, its imposition of external barriers (namely, the fortress Eur ope tendany) argon imposing upon those nationals of ordinal parties from stepping into Europe unless they argon related to a citizen of the EU who excerts their right to free movement.The EU has long been attacked as an exclusionary organisation bear on solely with the citizens of its protest member states at the cost of non-EU citizens residing in the EU, unconstipated though many of the latter form part of ethnic or religious minorities and suffer social exclusion.8So, it seems that the principles authorities the borders of the Community atomic number 18 failing those third party nationals.9The OutsidersA vivid example of how fortress Europe had imposed this restriction can be noted prior to the penetration in 2004 of many, direct, of import and Eastern European countries. Lavenex10 argues that prior to, and with suggestions of accession for commutation and Eastern European countries the, then, current members of Europe had feared large-scale immigration from these count ries into their own territories. The EUs already heavily regiinented rules of external border barriers on trade and migration from outsiders (those countries not members of the EU) where to form part of the accession policies. Meaning that the acceeding Central and Eastern European countries encountered stringent pr thus fartative stances to their entrance into the EU on beahlf of the Community.But during a time when pledge at an intergovernmemtal level is already on red alert due to heightened tensions caused by the threat of terrorism,11 it appears that migration has hold up a security alternatively than economic issue. So risking mmigrants and asylum-seekers being portray as a challenge to the protection of national identity and macrocosm assistance provisions. Moreover, supporting the semi semipolitical tress of migration as a security rather than economic issue.12Getting in or staying out?The treatment of third country nationals (besides those who lose derived rights t hrough Community family members) can be still through external and internal dimensions. The external element, namely the issue of acquire into the EU focuses on the member staes and the institutions emphasis of immigration and border controls. Yet, harmonise to the case of Wijsenbeck13, the member states are still able to perfomr checks at their own borders, be them external or not. But this policing of movement draws attention to the vulnerablity of the third country national.14 But progression has been felt. Through Artcles such as K.1 to K.9 of the TEU governing policies such as asylum, immigration and third country nationals which have presently been intergrated into the EC Treaty (as Title IV) , as well as Regulations have now inacted the uniform format for visas.15 Regulations also cover the listings of third countries whose nationals must be on possession of visas when crossing external borders.16Importanly, the area of immigartion and the member states stance on the mat ter of border control is liable to tack in accordance with their political climate. The emphasis post-September 11th has fallen straightforwardly on matters of security.17 Various member states have also expressed bear upon at the numbers of third country nationals seeking asylum in their territory, so reinforcing their diffculties in gaining access into the EU.The internal dimension of the matter is one which concentrates on the rights of third country nationals already residing within the Community. As in that location is no stringent source as to their status upon this such limiteed rights are based on various possible provisions. This can include their aptitude as a family member of an EU citizen (as aforementioned) or as employees of EC service providers or as subject to one of the Communitys Assocaition, Co-operation or other International Agreements with third countries.18Even though their residence in the EU may be legitimate the general footslog of EC rights and freed oms, however, do not apply to them. With speculation increasing as to the possible imposition of ID cards within the UK has also been backed by the controversial possible introduction of the staus of European citizenship. This citizenship, which would be conditional upon the possession of member state nationality, may only serve to emphasise the differences in treatment between EU nationals, who possess such nationality, and those who do not.But from an economic standpoint, countries emfly out of the line of terrorist fire have welcomed the idea of third country nationals, specially those intending to work, as being a potential boost to their economy. Yet the richer member states argue that the heightened security risks and flood access effects that recent accession has had is already having an adverse effect on their economies.Concluding Staying stationaery or moving through the times?But Peers19 argues that permute may soon be on the horizon with the implementation of direct ional 2003/109 on the status of long-term occupant third-country nationals within the European Union. This Directive was an opportunity to address the long-standing criticism that the EU gives insufficient protection to its resident third country nationals. Already being reported as limited and disappointing in a number of respects. Yet, if consequential jurisprudence reflects its exposition as being in line with the context and objectives of the Directive, it could make a positive contribution to the status of third country nationals in the EU. This especially as in regards to movement between member states.20By commonalty accord, the unity the EU demands for itselff when constituting itself as an area of freedomn, secrutiy and justness has become troublesome. Critics are quick to point out that the area in which freedom, security and justice are to reign is a spurious geographical unity.21Yet, even if it were to be accepted that Europe is a geographical union, the fact trunk that the EU has agreements with countries outside of this territory (such as the 1963 Ankara Agreement with Turkey), content that EU extends its reach outside of this area.22One of the main arguments behind the impress Europe is having by sealing off its border lies closer to home. devoted that accession into the Community is based upon adaptation of national policies, be them economic, political or social, to those already established within the EU, many countries faced terminal their borders to the outside for upholding the principles of preventing illegal immigration. But, in contrast to this member states are also expected to uphold the humanitarian standards of refugee protection23 and the principles of the European Human Rights Act. With the EU being a figure-head in the creation and implementation of human rights agendas, this contradiction go away only serve to weaken the EUs leading political status. Where member states face penalties for failing to uphold either of t hese policies, many are at a loss as to which one prevails. These conflicting ideals have obviously affected the manner in which those member states with borders to the outside have integrated the principles into their immigration and refugee procedures. Further to Lavenexs idea of fear of volume migration by the West, Huysmans alleged that the question of migration from countries external to the EU is a security problem rather than just one of immigration and asylum. As Huysmans statesSince the 1980s, the political construction of migration increasingly referred to the destabilizing effects of migration on domestic integration and to the dangers for public order it implied.24Huysmans also alleged that due to such developments as the Schengen Agreements and the capital of Ireland convocationvisibly indicate that the European integration process is involve in the development of a restrictive migration policy and the social construction of migration into a security question.This me aning that access for third country nationals is now even tougher maybe the member states would prefer for the barriers surronding fortress Europe to reamin?The Schengen Convention completely removed border controls and placed stricter contorls at the external barrier of the EU. This resulting in a stronger emphasis on external restrictions and lifting all restirtcions between member states. The Schengen scheme had been directly accredited to concerns over the increase of nonionized crime within the Coimmunity. But with conerns inceasing still as to the problems of human and drugs trafficking into the EU from third countries and its threat to internal security only serves to push the issue of external border control into the spotlight once again.Ultimately, academic writing25 has contemplated the obligation of the EU to uphold its policy on human rights and its prevention of internal barriers to freedom of movement. But as inportant as thiese priniples may be in maintaining struct ure and authority the Community should also reckon its position on a global scale when encountering the necessarily of asylum seekers at their external borders as well as those already residing with them without the claim of derived rights.Footnotes1 Carrerra, S. (2005)2 Peers, S. Towards Equality Actual and Potential Rights of deuce-ace Country Nationals in the Euroepan Union. (1996)3 Craig, P and De Brca, G. EU Law Text, Cases and Materials.4 Binkman, G (2004)5 op cit6 I stir 37 Case 321/87 Commission v Belgium (1989) ECR 9978 Peers, S. (2004)9 ECRE (2004)10 Lavenex, S. Safe Third Countries Extending the Eu Asylum and Immigration Policies to Central and Eastern Europe11 levy (2005)12 Huysmans (2000)13 (1999)14 I tenderise 315 Reg. 334/200216 Reg. 359/200117 I bid 1118 I bid 219 I bid 820 op cit21 Lindahl, H. Finding a Place for Freedom, Security and Justice The European Unions claim to Territorial Unity. (2004)22 ibid 823 I bid 1024 Huysmans (2002)25 I bid 21