Part III - Realization and Paradoxes from the Failed Constitutional Treaty to Lisbon and Beyond

Summary

Following the aligned approach to the regulation of migration in the early years of the Community and the differentiation triggered by the political momentum of the 1990s, the period reviewed in this part can be characterized as one of realization and paradoxes. This final part primarily engages with valid law. Secondary law on migrants’ rights was amended for EU migrants and adopted for TCN migrants during this time. The analysis first identifies the ultimate balancing of economic and social objectives behind the limitation of rights of EU migrants as a manifestation of a sustainable migration framework. Second, it reveals the central role of economic considerations in the regulation of migration from third countries. It also suggests that national contestation and the lack of long-term considerations in the Council are among the reasons why the regulation of migration for TCNs cannot serve economic and social sustainability. Finally, concluding the historical analysis of the regulation of migration which started in Part I, this part reveals the paradoxes and tensions that arise from the way in which economic and social objectives are pursued through EU migration law.