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Aliens. --- Aliens --- Freedom of movement (International law). --- International obligations.

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In April 2011, France reintroduced internal border checks with Italy to prevent mobility by North African immigrants who hold temporary residence permits issued by Italy and who had entered the EU from Tunisia as a result of revolutions and war in the southern Mediterranean region. This has caused a diplomatic row between the two countries and provoked strong reactions other EU member states and at EU level. This paper examines the compatibility of the Italian and French measures with EU border legislation and legal principles as well as the foundations of the Schengen regime. It argues that the Franco-Italian affair illustrates a 'race to the bottom' on European principles of solidarity, loyal cooperation and fundamental rights. The affair ultimately reveals the very limits and unfinished elements of the EU's immigration and border policies. Finally, the paper puts forward policy recommendations to the parties involved.

Border security --- Freedom of movement (International law) --- Law and legislation.

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Refugees --- Asylum, Right of --- Freedom of movement (International law) --- Human rights

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The Stockholm Programme and the European Commission's Action Plan implementing it have positioned the freedom, security and justice of 'European citizens' at the heart of the EU's political agenda for the next five years. Yet, who are the 'citizens' about whom the Council and the European Commission are so interested? At first sight it would appear as if only those individuals holding the nationality of a member state would fall within this category. This paper challenges this assumption, however, and argues that as a consequence of litigation by individuals before EU courts and of the growing importance given to the act of mobility in citizenship and immigration law, the personal scope of the freedoms accorded to European citizenship already covers certain categories of thirdcountry nationals (TCNs). Through an examination of selected landmark rulings of the Court of Justice in Luxembourg, the paper demonstrates how the requirement of being a national of an EU member state is progressively becoming less important when defining the boundaries of the European citizenry. TCNs already enjoy and benefit from a number of European citizenship-related and citizenship-like freedoms, rights, benefits and general principles, which are subject to protection and scrutiny at the EU level. This development, we argue, is not only an indication of a continuing loss of discretionary power by the nation-state with respect to European citizenship, but may also constitute a clear signal that a new European citizenship of TCNs is in the making in the Union. This citizenship places the freedom to move and non-discrimination on the basis of nationality at the core of its identity.

Citizenship --- Emigration and immigration law --- Freedom of movement (International law) --- Freedom of movement

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Emigration and immigration law --- Freedom of movement (International law) --- Freedom of movement