This course aims at providing students with in-depth knowledge of the EU’s internal market achievements and the challenges and compare those with the regime applicable to third-country nationals living in the EU. By looking into the scope of the four freedom students will be able to understand core aspects of the regime of the internal market (equal treatment and non-discrimination, the concept wholly internal situations and the principle of proportionality.) Through the analysis of the CJEU’s case-law, students will critically evaluate and discuss the impact of the internal market on the making of an “ever closer Union,” where “we” (EU citizens) are ever further away from “them” – (third-country nationals).
To address this matter, the course will focus on different substantive areas of EU law. For instance, the analysis of intertwinement of the internal market regime, with free movement of people and the concept of EU citizenship will enable students to formulate a critical view on the current state of affairs and answer key questions, such as: Can an EU citizen legally reside in another Member State lawfully without restrictions? What happens if my spouse, who is a third-country national, wants to move to the EU? If I am unemployed and live in another Member State, can I request any social benefits there? If I am a third-country national and have no authorization to stay in the EU, what are my rights?
1. Introduction to the Internal Market & Free Movement of Workers
1.1 The internal market:
1.2 Interplay between internal market and freedoms of movement
1.3 Free Movement of Workers: overview and regime
2. EU citizenship: Us
2.1 General remarks on the EU citizenship
2.2 The legal status of the right to move, its relationship with the right to reside as well as with other rights of citizenship
2.3 “Static/dynamic citizens”
2.4 Unlawfully staying EU citizens
3. Free Movement of Services & Freedom of Establishment
3.1 The relationship between establishment and services.
3.2 The Freedom to provide services.
3.3 The right of establishment
4. EU Migration Law: Them
4. 1 The legal framework of EU migration law
4.2 The status of third-country nationals
4.3 Irregular migrants: The returns Directive regime
4.4 Non-removable migrants: Living in limbo within the EU