LA MOBILITA’ DEI CITTADINI STRANIERI NELL’UNIONE EUROPEA Intersezioni normative e prospettive di sviluppo sistematico

This thesis analyzes the evolution of European competence as regards legal migration and in particular it focuses on the role and consistency acquired by estimated mobility circuits in the normative archetype outlined by the supranational legislator. In an attempt to determine if, when and why European Union law acquired ‘differential’ features as regards handling of “others” and the role that the establishment of mobility pathways in favor of those who do not possess an European citizenship could have into the common space, this study has become an analysis of the appearance of a proper European competence in the field of migration. By retracing backwards the strategy used by the European Union in approaching the migratory phenomenon, it has been observed in the first chapter that this phenomenon has suffered the effects of competence partitioning between ‘centre’ and ‘suburbs’. In the beginning this partitioning excluded the possibility for European institutions to directly affect the conditions of citizens from non-EU countries who legally live in the European territory. Moreover, it has been noticed how the European competence in this field has fluctuated for a long time between the aforementioned State unwillingness to discuss the regulation of this phenomenon and the launch of forms of cooperation between governments, up till the amendments to the normative structure of Amsterdam, Nice and Lisbon Treaties. The second chapter is divided in three different subsections each aiming at researching on a different feature of the migratory phenomenon legislation. More specifically, the chapter analyses the consistency of the European acquis as regards legal migration, by acknowledging the fragmentation of this subject as well as the continuous difficulties experienced by the European Union in bringing together member States’ legislations, only partly temperate thanks to the scheduled derogatory clauses in the various normative acts analyzed. The close examination of the sections of the directives adopted on the subject of legal migration has been preceded by an extensive analysis on the abovementioned acts drawn up by the European legislator. This analysis also focused on the reconstruction of the statute of non-EU citizens who are entitled to advantaged mobility rights identified by the European legislator thanks to the family ties with a European citizen. Finally, the last chapter focuses on an emerging aspect of the European legislation as regards the migration subject, i.e. the discipline of mobility in the community territory for workers from other countries. Here we excluded the existence of any international mandatory norms that bind the Member States to grant the access of foreigners on their territory and equally took note of the substantial noninvolvement of non-EU citizens from European initiatives in the field of freedom of circulation. argue that the dilemmas that characterized the supranational intervention in this area are such in a way justifiable according to the tensions between the Member States attempting to keep intact their discretional power over the normative framing of the 'community of citizens’ and the principle of equality. The contradictions that characterized the normative archetype created from the supranational legislator are particularly evident as regards the assignment at the citizens’ categories as well as at foreign workers’ categories of upcoming mobility rights. The final result is a system of mobility rights that prevent the migrant from being integrated in the society and, as a consequence, in the European labour market. This reveals the profoundly compromising and influenced nature of the mobility rights iure proprio recognized to non-EU citizens, despite the fact that the freedom of circulation is the most visible of the fundamental rights of European citizens.