Zoek in de site...

CMR lecture 5 Feb. 2013 by ... (Lezing)

dinsdag 5 februari 2013Plaats in agenda
vanaf 15:30
Jeremy Bierbach (PhD stud. UvA)

Lecture on:

How national immigration law

contaminates freedom of movement for EU citizens:

resolving paradoxes of equality

Outline of the presentation

Jeremy Bierbach will give a presentation on some of the pitfalls encountered by EU citizens making use of their freedom of movement in the Netherlands, particularly when they wish to bring their third-country national (non-EU citizen) family members with them. He will present the results of a freedom of information request for the work instructions issued to clerks at the Immigration and Naturalization Service (IND) for dealing with Union citizens and their family members, and point out in which ways these reveal how national application of Union law can be 'contaminated' by the policy concerns of national immigration law. At the same time, these reveal how the government of the Netherlands may sincerely be attempting to comply with the ban, enshrined in Union law, on discrimination based on nationality.  Nevertheless, the application of the non-discrimination principle can be confusing and yield paradoxical results, especially when a member state displays mere indifference to the nationality of Union citizens. To resolve these paradoxes, it is necessary to take a step back and re-analyze the non-discrimination principle in terms of the equality inherent in Union citizenship. Indeed, one can identify four types of equality that can be enjoyed by citizens of federal orders; and not just one of these, but two of these lie at the root of the non-discrimination principle of Union law.

Karin Zwaan