Immigration and the Free Movement of Workers after Enlargement: Contrasting Choices

Abstract

The article examines recent developments in the fields of Community immigration policy and the free movement of workers from the new Member States during the transition period. It is argued that policy choices have been dominated by narrow economic considerations rather than by a comprehensive vision of the issue. Reading between the lines of legal norms and policy initiatives, what emerges is a division based not so much on citizenship, but rather on whether one has already been admitted to the European labour market or not. The article also reviews some recent cases of the ECJ, arguing that access to social benefits for those who exercise the right to free movement of workers between the Member States is not a subjective right, although the restrictions are more limited than they were before the introduction of the concept of European citizenship. This should have the effect of allaying fears of ‘benefit tourism’ from the new Member States.