Free movement vs. fair movement: Brexit and managed migration

Abstract

The aim of this article is to propose a new concept of free movement of persons, based on the notion of “fair movement” or managed migration. In the context of the UK becoming a neighbouring State, but hoping to maintain access to the Single Market, the article explores possibilities of greater control for the host State while keeping some of the benefits of existing EU free movement rules. It recalls the discussions of free movement of workers at the time the EEC was established; it also looks at the differentiated provisions covering free movement of persons between the EU and EEA States, and the EU and Switzerland. It concludes that more flexibility will be needed in the two areas considered: equal treatment and emergency brake.