A Legal and Socio-political Analysis of Whether Free Movement Can Still Legitimise the EU?
(2015) UACES 45th Annual Conference — Location: Bilbao (7.September.2015)
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- The principle of free movement, long hailed as EU's main achievement, is increasingly questioned at a political level and by citizens themselves. According to recent sociological studies, this fundamental principle seems incapable of fostering a sense of belonging towards the EU. This trend contrasts with the traditional position taken by EU institutions, which often refer to free movement to strengthen their legitimacy. It also runs counter to the CJEU's aspirational jurisprudence, particularly regarding the rights of EU citizens.Our paper examines this disconnect from a legal and socio-political perspective. This approach aims to provide a more comprehensive view of the potential and limitations for free movement to continue its role as a source of legitimation for the EU. The legal analysis looks at whether the principle of free movement can legitimately extend beyond the economic realm to regulate the mobility of EU citizens more generally. It explores constitutional limits, such as lack of competence to the process of 'integration through law'. It then assesses how this can create a gap between CJEU rulings that strengthen citizens' rights and the political reality facing EU and national legislators. The sociological analysis investigates the various frames and perceptions relative to free movement as they have emerged during collective interviews with EU citizens. This facilitates a deeper understanding of the complex relationship between EU citizens, whether or not they have exercised their free movement rights, and the EU political community. This move to the micro-level deepens the understanding of legitimation processes towards the EU.
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Mercenier, H., & Ni Chaoimh, E. (2015). A Legal and Socio-political Analysis of Whether Free Movement Can Still Legitimise the EU? UACES 45th Annual Conference, Bilbao. https://hdl.handle.net/2078.5/187570