Free Movement Immigration
Free movement immigration rights and entitlements, including protection against discrimination on grounds of nationality, are set out partly in the Treaties and partly in secondary legislation. Key measures are the Free Movement Directive, the Regulation on the Free Movement of Workers, the Directive on Enforcement of Free Movement Immigration Rights and the Social Security Coordination Regulation.
The European Commission takes an active role in promoting and enforcing free movement rights, notably by pursuing infraction proceedings against Member States concerning their implementation of free movement rights. Free movement rights are not unqualified but are subject to the restrictions and limitations made in the relevant EU legislation.
The European Court of Justice (ECJ) has also played a key role in the evolution and extension of EU competence in this area. Important examples are the Baumbast judgment (1999) which confirmed the de-coupling of free movement rights from economic activity, the Metock judgment (2008) which enabled third country nationals to gain free movement rights by marriage to EEA nationals, without having been lawfully resident in a Member State, and the Zambrano judgment (2011) which for the first time created rights based on an EU citizen’s residence in his or her own country of nationality.
In an effort to increase viewer’s knowledge and understanding of this crucial topic, experienced lecturer and immigration practitioner Kahiye Alim has put together the ‘Free Movement Series’ which includes the following modules:
Each of the above is discrete subject area, which can be digested in 20 min slots. They will be concepts along with the relevant case law.
On completion of this course you will:
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