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from Part III - Realization and Paradoxes from the Failed Constitutional Treaty to Lisbon and Beyond
Published online by Cambridge University Press: 02 May 2025
This chapter demonstrates that the free movement framework is a manifestation of sustainable migration, where economic and social sustainability considerations dictate the attribution, limitation, or extension of rights of EU migrants. The analysis begins with an investigation of the 2004 enlargement. The differentiation of clauses and transitional periods, compared to previous Accession Treaties, brings to the forefront the way economic considerations dictate the attribution of rights to soon-to-be EU migrants. The relevant section draws attention to the limitation of rights for nationals of the CEECs in contrast to the full attribution of rights to nationals of acceding states who were not thought of as posing risks to the economic sustainability of the EU. And so, it highlights the legal tools devised to ensure sustainability of migration in the framework of accession. Following, it presents the current framework regulating free movement and suggests that its legal design should be understood as the most contemporary and elaborate manifestation of sustainable migration in law.
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