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EU - Essay Example

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Institution Tutor European Union Migration & Free Movement Course/Number Date Department Introduction It is a fact that the free movement of persons is considered one of the most fundamental legal provisions and frameworks of the European Union (EU)…
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Download file to see previous pages The flipside of this provision has been its penchant for predisposing member states to the inability to control entry and residence within their territory. Eventually, this has led to the member states’ trying to minimise to stem the burden that unbridled movement of persons place on them. The EU and its member states have attempted to salvage this situation by proposing and ratifying laws such as directives, regulation and articles in law, as shall be seen forthwith. First, it is important to note that even in the face these challenges, EU has never made any dereliction on the right to free movement. Particularly, according to Barnard (2007, 23) and Cholewinski (2005, 252), Article 21 (1) of the Treaty on the Functioning of the EU (TFEU) continues to make provision for EU citizens to exercise free movement. The same applies to Regulation EEC 1612/68 and Regulation EU No 492/2011. In this light, there are already over 2 million EU citizens who are exercising this right. EU has tried to resolve this problem that tries to harmonise the dynamics of free movement and the burden that accompanies it through the issuance of directives such as the Directive 2004/38/EC. The Directive 2004/38/EC for instance acknowledges the fact that free movement is attributable to citizens of the EU or the EEA and the direct family members of EU citizens. The latter qualification is relevant since it expunges the non-direct family members of EU or EEA from accessing this right. However, Directive 2004/38/EC is categorical that these family members must be direct dependents of the EU citizen. The Directive 2004/38/EC is also important in absolving EU member states from the burden of free movement because it specifies those who are not qualified to enjoy the right to free movement. For instance, the Directive 2004/38/EC rules out those citizens who live in their home EU member states but have not worked in other EU member states. In this respect, all movement by non-EU family members into the home estate is subject to national law. Again, Directive 2004/38/EC also recognises the right of older EU member states to exercise the provisions catered for in the transitional arrangements. The transitional arrangements inhibits EU citizens’ ability to move freely to work, provided that these citizens originate from new EU member states such as Romania and Bulgaria. The inhibition in this case can be protracted up to 7 years. It is important to note that even during this time when there is the imposition of this limit, citizens of the new EU member states are still legible for travel throughout Europe, together with their non-EU family members. The crux of the matter herein is that while free movement is not restricted, the ability to access jobs is. Thus, this is a way by which scarce economic values such as employment are safeguarded against unfair competition and infiltration. Again, it is important to note that the Directive 2004/38/EC also excludes those citizens of non-EEA or non-EU countries who are not accompanied by members of EU/EEA citizens from accessing some of the privileges that are extended to EU citizens. Some of these privileges include free and fast issuance of visas; the right to work and play for up to 90 days prior to the issuance of visas; permanent residence of 5 years; and easy right to stay in the EU country longer, should the EU citizen be working, learning. In this case, during applications, Directive 2004/3 ...Download file to see next pagesRead More
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