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Third Country Nationals and Backdoor Immigration: Reverse Discrimination, Fundamental Rights and the Distinction between Use and Abuse.

Ryland, Matt LU (2011) JAEM01 20111
Department of Law
Abstract
The thesis examines the situation of Third Country Nationals who have
familial links to a ‘returning’ Community citizen. The thesis analyses Danish Immigration law, Community free movement provisions, and the case law of the Court suggesting that the application of National law is ‘dying’ due to the Court’s interpretation of ‘abuse’ and gradual elimination of the ‘wholly internal situations’.

The thesis argues that a Third Country National who is able to establish a
connection to Community will fall under ‘liberal’ movement rules. Alternatively, a Third Country National and their Community family
member that are in a ‘wholly internal situations’ will fall under stringent National laws. The problems inherent in this paradox is... (More)
The thesis examines the situation of Third Country Nationals who have
familial links to a ‘returning’ Community citizen. The thesis analyses Danish Immigration law, Community free movement provisions, and the case law of the Court suggesting that the application of National law is ‘dying’ due to the Court’s interpretation of ‘abuse’ and gradual elimination of the ‘wholly internal situations’.

The thesis argues that a Third Country National who is able to establish a
connection to Community will fall under ‘liberal’ movement rules. Alternatively, a Third Country National and their Community family
member that are in a ‘wholly internal situations’ will fall under stringent National laws. The problems inherent in this paradox is conceptualised in the application of the ‘apparent universal’ fundamental rights.

The thesis ends with a normative assertion: the problems caused by
reverse discrimination must be eliminated. It is suggested that the problem associated with reverse discrimination could be eliminated at the
Community level by an increase in competences over Third Country
Nationals, or at the National level through Constitutional Courts or
National legislators. (Less)
Please use this url to cite or link to this publication:
author
Ryland, Matt LU
supervisor
organization
course
JAEM01 20111
year
type
H1 - Master's Degree (One Year)
subject
keywords
fundamental rights., citizenship, European Union, reverse discrimination, Free movement
language
English
id
1971193
date added to LUP
2011-06-10 09:04:19
date last changed
2011-06-10 09:04:19
@misc{1971193,
  abstract     = {The thesis examines the situation of Third Country Nationals who have
familial links to a ‘returning’ Community citizen. The thesis analyses Danish Immigration law, Community free movement provisions, and the case law of the Court suggesting that the application of National law is ‘dying’ due to the Court’s interpretation of ‘abuse’ and gradual elimination of the ‘wholly internal situations’.

The thesis argues that a Third Country National who is able to establish a
connection to Community will fall under ‘liberal’ movement rules. Alternatively, a Third Country National and their Community family
member that are in a ‘wholly internal situations’ will fall under stringent National laws. The problems inherent in this paradox is conceptualised in the application of the ‘apparent universal’ fundamental rights.

The thesis ends with a normative assertion: the problems caused by
reverse discrimination must be eliminated. It is suggested that the problem associated with reverse discrimination could be eliminated at the
Community level by an increase in competences over Third Country
Nationals, or at the National level through Constitutional Courts or
National legislators.},
  author       = {Ryland, Matt},
  keyword      = {fundamental rights.,citizenship,European Union,reverse discrimination,Free movement},
  language     = {eng},
  note         = {Student Paper},
  title        = {Third Country Nationals and Backdoor Immigration: Reverse Discrimination, Fundamental Rights and the Distinction between Use and Abuse.},
  year         = {2011},
}