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free movement rights

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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
- By Annette Schrauwen
Edited by Sara Iglesias Sánchez, Maribel González Pascual, Universitat Pompeu Fabra, Barcelona
Book:

Fundamental Rights in the EU Area of Freedom, Security and Justice

Published online:

06 August 2021

Print publication:

29 July 2021, pp 394-412
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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.