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20 - Citizenship and Non-Discrimination Rights in the Area of Freedom, Security and Justice

from Part V - Cross-Cutting Issues of Fundamental Rights in the AFSJ

Published online by Cambridge University Press:  06 August 2021

Sara Iglesias Sánchez
Affiliation:
Court of Justice of the European Union
Maribel González Pascual
Affiliation:
Universitat Pompeu Fabra, Barcelona
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Summary

The Area of Freedom, Security and Justice (AFSJ) should enable citizens to travel, work and live anywhere in the EU safely and protected by the rule of law. This chapter discusses that claim by highlighting the interaction between free movement and non-discrimination rights of EU citizens on the one hand and specific AFSJ measures on immigration and criminal and civil matters on the other. It shows that the law has not evolved unidirectionally and that the interpretation of the objective of the AFSJ is unpredictable. At times, the law goes in the opposite direction to fostering free movement and is not in line with the fundamental nature of both EU citizenship and free movement rights.

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Publisher: Cambridge University Press
Print publication year: 2021

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