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Expulsion and Article 20 TFEU: Some Practical and Conceptual Issues

In: European Journal of Migration and Law
Author: Stephen Coutts1
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  • 1 School of Law, University College Cork, Cork, Ireland
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Abstract

Rendón-Marín and CS permit the limitation of Article 20 TFEU rights on the basis of public security considerations. In elaborating a legal framework for this limitation, the Court of Justice draws on the body of law developed for that purpose under Article 21 TFEU rights and Chapter VI of Directive 2004/38/EC. However, the rights enjoyed by individuals on the basis of Article 20 TFEU are qualitatively different from those enjoyed under Article 21 TFEU, a difference that is not taken into account properly in the judgments of the Court. Conceptual and practical difficulties accordingly emerge. The judgments also reveal the increasing imbrication between Union law and national law in the regulation of citizenship and territory in the Union.

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