{"title":"European rights for non-EU citizens – ‘Integration through rights’","authors":"Sonia Morano-Foadi, Dora Kostakopoulou","doi":"10.1111/eulj.70001","DOIUrl":null,"url":null,"abstract":"<p>Integration is a problematic concept when applied to migrants but could be effective if guided by equality, non-discrimination, and fundamental rights as in Article 2 TEU. This article argues for a transformative rights-centric shift in integration. It reviews the EU’s evolving approach to integration and the status of long-term resident third-country nationals (TCNs) over the decades, highlighting the shift from accommodating State interests in migration control to adopting a rights-based perspective. The Court of Justice of the EU (CJEU) bridges gaps between legally residing TCNs and EU citizens, limiting Member States’ discretion under EU migration law while broadening individuals’ rights. The proposed recast Long-Term Residence Directive (2003/109) contains provisions to further enhance TCNs’ rights and transform them into rightful actors in European integration. However, the EU Council’s decision to halt negotiations temporarily blocks progress, showing that TCNs’ full inclusion in the European polity remains a difficult challenge.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"31 1-2","pages":"114-129"},"PeriodicalIF":1.4000,"publicationDate":"2025-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.70001","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Law Journal","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/eulj.70001","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
Integration is a problematic concept when applied to migrants but could be effective if guided by equality, non-discrimination, and fundamental rights as in Article 2 TEU. This article argues for a transformative rights-centric shift in integration. It reviews the EU’s evolving approach to integration and the status of long-term resident third-country nationals (TCNs) over the decades, highlighting the shift from accommodating State interests in migration control to adopting a rights-based perspective. The Court of Justice of the EU (CJEU) bridges gaps between legally residing TCNs and EU citizens, limiting Member States’ discretion under EU migration law while broadening individuals’ rights. The proposed recast Long-Term Residence Directive (2003/109) contains provisions to further enhance TCNs’ rights and transform them into rightful actors in European integration. However, the EU Council’s decision to halt negotiations temporarily blocks progress, showing that TCNs’ full inclusion in the European polity remains a difficult challenge.
期刊介绍：
The European Law Journal represents an authoritative new approach to the study of European Law, developed specifically to express and develop the study and understanding of European law in its social, cultural, political and economic context. It has a highly reputed board of editors. The journal fills a major gap in the current literature on all issues of European law, and is essential reading for anyone studying or practising EU law and its diverse impact on the environment, national legal systems, local government, economic organizations, and European citizens. As well as focusing on the European Union, the journal also examines the national legal systems of countries in Western, Central and Eastern Europe and relations between Europe and other parts of the world, particularly the United States, Japan, China, India, Mercosur and developing countries. The journal is published in English but is dedicated to publishing native language articles and has a dedicated translation fund available for this purpose. It is a refereed journal.
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