Abstract
The paper’s aim is to underline the growing phenomenon of categorization of EU migrants despite the existence of a common EU citizenship. It addresses legal categorization deriving from EU legislation and the jurisprudence of the Court of Justice of the European Union, but also factual categorization arising from host member states’ practices. The legal categorization of EU migrants reveals a clear differential treatment between economically active and inactive EU mobile citizens. Member states’ practices very often go further than legal categorization by excluding poor mobile citizens, viewed as abusers of rights (benefit tourism) or as a potential threat to local public order or security (ill health, begging, violence). This paper also investigates the incompleteness of EU citizenship, being unable to prevent categorization of EU migrants.
Highlights
The paper’s aim is to underline the growing phenomenon of categorization of EU migrants despite the existence of a common EU citizenship
EU citizen ship is ‘destined to become the fundamen tal status of nationals of the member states’ according to numerous judgments of the Court of Justice of the European Union (CJEU)3 and the right of freedom of move ment has been recognized as a fundamen tal right4
This categoriza tion of the EU is not supposed to be based on the nationality of EU migrants as such discrimination is forbidden by Article 18 TFEU
Summary
The paper’s aim is to underline the growing phenomenon of categorization of EU migrants despite the existence of a common EU citizenship It addresses legal categorization deriving from EU legislation and the jurisprudence of the Court of Justice of the European Union, and factual categorization arising from host member states’ practices. EU citizenship does not prevent the differentiation of EU migrants, who are legally categorized according to different parameters such as the length of their stay or their economic situation. This categor ization of EU migrants is primarily legal, as totally equal treatment has not been achieved yet, but it manifests itself in the practice of host member states. The last part will underline the weaknesses of current EU citizenship, unable as it is to prevent the categorization of EU migrants
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