Abstract

This Article examines some central questions concerning the status of EU foreigners—non-EU nationals legally residing in the EU. First, it addresses the peculiarities of the status of EU citizens and the special nature of EU immigration law as the basis for the construction of an EU alienage law. Second, it examines whether and to what extent the emergence of a supranational immigration and alienage law—with a focus on integration—interacts with the broader debate on European and national constitutional identity. Third, the Article analyzes the legal difficulties for the application of the equal treatment principle between EU citizens and EU foreigners taking as a point of reference the different roles of restrictions and conditions based on the notion of integration.

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