Association Agreements with Neighbours

Abstract

AbstractSpeaking of ‘European migration law’ does not exhibit quasi-imperial claims towards European countries which prefer not to join the EU or wait to be admitted. Association agreements and international treaties establish concentric circles with different degrees of participation. While Norway, Iceland, and Switzerland subscribe to the free movement of persons and are associated with the Dublin and Schengen rulebook, subject to few caveats, the UK stays outside. There is currently no enhanced cooperation with the UK on free movement or migration control, besides the protection of acquired rights under the Withdrawal Agreement and transnational social security coordination with respect to persons being admitted on the territory in the years to come. The status of Turkish nationals residing in the Member States on the basis of the Ankara Agreement of 1963 and follow-up decisions has given rise to many Court judgments which increased the level of protection significantly. Judges established a de facto permanent residence for former ‘guest workers’ and their families, which equally embraces Turkish nationals entering nowadays. By contrast, association agreements with other neighbours to the South and East contain few provisions on legal migration nowadays. The management paradigm of justice and home affairs has replaced the single market model as the focus of attention.