Equality of Citizens and Non-Citizens in the EU Essay

Equality of Citizens and Non-Citizens in the EU Essay

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Introduction

The territory of the European Union (EU) hosts roughly 500 million people. Are they all equal in their rights? Definitely not. One of legal dividing lines lies between the nationals of EU Member States (Citizen) and third-country nationals (TCNs) whose citizenship belongs to a non-EU country. Nationality therefore does matter in EU law: it confers different statuses.
The paper compares the two separate legal regimes that are applicable to EU citizens and TCNs respectively. Due to the narrow scope of this essay, the analytical focus adopted here is under four major limitations. First, legal migrants coming from outside the EU constitute several different categories (for instance, economic migration, family reunion or migration of students, pupils, trainees, and volunteers) in EU law, which is even more complex because of privileged TCNs who gain their status from special arrangements between their own country and the EU, furthermore Schengen visa requirements mean additional classification along a different dimension. The essay deals only with non-privileged long-term residents (LTRs) as defined by the Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents (LTRs Directive) . Second, both EU citizens’ and LTRs’ rights comprise several dimensions (for example, access to employment, family reunification or social grants) but this study is mainly focused on their entitlements to move and reside within the territory of the EU. Third, the main concern of this paper is restrictions to the previously mentioned rights of both categories of persons. Fourth, the family members neither of Citizens nor TCNs are not part of the main body of this analysis.
Subsequently, the e...


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...and citizenship tests in several countries as a new way of selecting immigrants. Shift away from viewing integration as a positive social measure and towards predominantly viewing it as a repressive immigration measure can be noticed.



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