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9 - Economic Objectives and Social Demands behind an Incoherent System of Regulation for TCNs

from Part III - Realization and Paradoxes from the Failed Constitutional Treaty to Lisbon and Beyond

Published online by Cambridge University Press:  02 May 2025

Alezini Loxa
Affiliation:
Lunds Universitet, Sweden
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Summary

This chapter analyses the current framework regulating migration from third countries. It is only in this period that the relevant secondary law was fully formed. The analysis reveals the extensive attribution of rights to those TCN migrants the EU most needs, that is, those who are considered crucial for the EU development project. In parallel, economic safeguards of different kind appear in the system to ensure that TCN migration can in no way pose risks to the EU project. Next to the legislative framework, the examination of the case-law of the Court highlights the consolidation of social objectives by an emphasis on Charter rights in review of national measures transposing secondary law. In this chapter, the investigation further shows the complete elimination of migrants’ rights from agreements concluded by the EU with third countries.

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Sustainability and EU Migration Law
Tracing the History of a Contemporary Concept
, pp. 192 - 235
Publisher: Cambridge University Press
Print publication year: 2025

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