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Languages: English
Types: Doctoral thesis
Subjects:
Third country nationals have an important effect on, and play an important part in, the economy of the European Union, a trend that is likely to increase over time. This importance could be expected to be reflected in the rights, in particular freedom of movement, granted to them under Community law. Political expediency is however shaped by world, regional and domestic influences that in turn determine the policy towards third country nationals and their legal rights to freedom of movement. These political policies, given practical effect through the law, do not necessarily display legitimacy. Political legitimacy, grounded within legal doctrine, can be analysed through the principles of legal rationality. For Community legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. Analysis of free movement rights for third country nationals is provided in three discrete doctrinal areas before a critical evaluation of them through the lens of legal rationality and set within the matrix of factors that make up policy formation. It is concluded that Community law towards third country nationals is defective, lacks legitimacy and suggestions are made to correct the problems identified.
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