Climbing the Wall around EU Citizenship: Has the Time Come to Align Third-Country Nationals with Intra-EU Migrants?

Abstract

Abstract This article discusses legal migration in the EU, in particular labour migration. It addresses the following question: once migrant workers from non-EU countries have been admitted into the Union, should they be treated like workers from EU countries for purposes of free movement? The EU migration acquis is one of the most politically charged issues covered by the EU Treaties. As EU citizens, nationals of member states enjoy a set of free movement and political rights that can be exercised in other member states in accordance with the principle of non-discrimination on grounds of nationality affirmed in Article 18 TFEU. This principle is arguably not applicable to third-country nationals. Thus, member states are free to accord unequal treatment to third-country nationals as compared to privileged EU immigrants. The pressing question is whether it is desirable to maintain different levels of rights for third-country nationals who have been legally admitted and whose connection to the host member state does not otherwise differ from that of EU citizens who have exercised their mobility rights. To answer that question, this paper examines arguments for and against treating migrant workers from EU countries and non-EU countries equally for purposes of free movement. It will show how these arguments push in different directions depending on whether they concern the political, human, social, cultural or economic impact of such differential treatment. Our analysis strongly suggests that, on balance, there are convincing reasons for aligning the treatment of long-term resident migrant workers from non-EU countries with that of migrant workers from EU member states.