Free Movement of People — Functional Borders Transformation

  • Valentina Kostadinova
Part of the Palgrave Studies in European Union Politics book series (PSEUP)


This chapter looks at the Commission contributions to the transformation of borders in the field of free movement of people. It demonstrates the main articulations conducive to de-bordering and the instances of Commission entrepreneurship, such as the Blue Card Initiative. At the same time, however, it also shows important border constructing and reconstructing dynamics, such as the establishment of meaningful distinctions between EU and third country nationals. The chapter highlights as one of the major reasons for these developments the fast-evolving and complex EU governance structure of the issues pertaining to the free movement of people. It often limits the Commission ability to attain its preferred outcomes, instead leading to borders re/construction.


Member State Free Movement Legal Migration Commission Document Migration Regime 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.


  1. Andor, L. (2014). Tackling EU’s Social Deficit. SPEECH/14/471, 17 June.Google Scholar
  2. Angenendt, S. (2014). EU Mobility Partnerships: The ‘Most Innovative and Sophisticated Tool’ of EU Migration Policy? Robert Bosch Stiftung Policy Brief, June.Google Scholar
  3. Apap, J. (2002). Shaping Europe’s Migration Policy—New Regimes for the Employment of Third Country Nationals: A Comparison of Strategies in Germany, Sweden, the Netherlands and the UK. European Journal of Migration and Law, 3(3), 309–328.Google Scholar
  4. Barroso, J. (2006). More Europe where it Matters!. SPEECH/06/168, 15 March.Google Scholar
  5. Barroso, J. (2007a). Integration through Education in 21st Century Europe. SPEECH/07/628, 16 October.Google Scholar
  6. Barroso, J. (2007b). Opening Remarks of President Barroso—Legal Immigration. SPEECH/07/650, 23 October.Google Scholar
  7. Boswell, C. (2003). European Migration Policies in Flux—Changing Patterns of Inclusion and Exclusion. Oxford: Blackwell.Google Scholar
  8. Carrera, S. (2005). What Does Free Movement Mean in Theory and Practice in an Enlarged EU? European Law Journal, 11(6), 699–721.CrossRefGoogle Scholar
  9. Carrera, S. (2006). Integration of Immigrants versus Social Inclusion: A Typology of Integration Programmes in the EU. In T. Balzacq & S. Carrera (Eds.), Security versus Freedom? A Challenge for Europe’s Future (pp. 87–111). Aldershot: Ashgate.Google Scholar
  10. Carrera, S., & Formisano, M. (2005). An EU Approach to Labour Migration: What is the Added Value and the Way Ahead? CEPS Working Document, no. 232, December.Google Scholar
  11. Carrera, S., & Guild, E. (2012). Does the Stockholm Programme Matter? The Struggles over Ownership of AFSJ Multiannual Programming. CEPS Paper in Liberty and Security in Europe, no. 51, December.Google Scholar
  12. Council of the European Union. (2009). The Stockholm Programme—An Open and Secure Europe Serving and Protecting the Citizens. 17024/09, 2 December.Google Scholar
  13. Diamantopoulou, A. (2001g). The New Technologies and a Single European Labour Market. SPEECH/01/75, 20 February.Google Scholar
  14. EUR-Lex. (n.d.-c). Retrieved April 21, 2016, from
  15. EUR-Lex. (n.d.-d). Retrieved April 21, 2016, from
  16. EUR-Lex. (n.d.-e). Retrieved April 21, 2016, from
  17. European Commission. (2005). The Community Provisions on Social Security—Your Rights when Moving within the European Union. Luxembourg: Office for Official Publications of the European Communities.Google Scholar
  18. European Commission. (n.d.-b). Employment Social Affairs and Inclusion. Retrieved April 23, 2016, from
  19. European Commission. (n.d.-c). Free Movement of Workers to and from the New Member States—How will it Work in Practice?. Retrieved October 30, 2008, from
  20. European Commission. (n.d.-d). Free Movement of Workers to and from Bulgaria and Romania—How will it Work in Practice?. Retrieved October 30, 2008, from
  21. European Commission. (n.d.-e). The Transitional Arrangements for the Free Movement of Workers from the New Member States Following Enlargement of the European Union on 1 May 2004. Retrieved October 30, 2008, from
  22. European Commission Communication. (1996a). Education—Training—Research. The Obstacles to Transnational Mobility. COM (96) 462 final, 2 October.Google Scholar
  23. European Commission Communication. (1997a). An Action Plan for the Free Movement of Workers. COM (97) 586 final, 12 November.Google Scholar
  24. European Commission Communication. (1997b). Supplementary Pensions in the Single Market—A Green Paper. COM (97) 283 final, 10 June.Google Scholar
  25. European Commission Communication. (1998a). Follow-up to the Recommendations of the High-Level Panel on the Free Movement of Persons. COM (1998) 403 final, 1 July.Google Scholar
  26. European Commission Communication. (1998c). Proposal for a Council Regulation on Coordination of Social Security Systems. COM (98) 779 final, 21 December.Google Scholar
  27. European Commission Communication. (1999a). Report on the Implementation on Directives 90/364, 90/365 and 93/96 (Right of Residence). COM (99) 127 final, 17 March.Google Scholar
  28. European Commission Communication. (1999b). Towards a Single Market for Supplementary Pensions. COM (1999) 134 final, 11 May.Google Scholar
  29. European Commission Communication. (2001d). On an Open Method of Coordination for Community Immigration Policy. COM (2001) 387 final, 11 July.Google Scholar
  30. European Commission Communication. (2001e). Proposal for a Council Directive on the Conditions of Entry and Residence of Third Country Nationals for the Purpose of Paid Employment and Self-Employed Economic Activities. COM (2001) 386 final, 11 July.Google Scholar
  31. European Commission Communication. (2001f). Proposal for a Council Directive Concerning the Status of Third-Country Nationals who are Long-Term Residents. COM (2001) 127 final, 13 March.Google Scholar
  32. European Commission Communication. (2001g). Proposal for a European Parliament and Council Directive on the Right of Citizens of the Union and Their Family Members to Move and Reside Freely within the Territory of the Member States. COM (2001) 257 final, 29 June.Google Scholar
  33. European Commission Communication. (2001h). The Elimination of Tax Obstacles to the Cross-border Provision of Occupational Pensions. COM (2001) 214 final, 19 April.Google Scholar
  34. European Commission Communication. (2002). Free Movement of Workers—Achieving the Full Benefits and Potential. COM (2002) 694 final, 11 December.Google Scholar
  35. European Commission Communication. (2003a). Proposal for a Council Regulation Amending Regulation (EC) 1030/2002 Laying Down a Uniform Format for Residence Permits for Third-Country Nationals. COM (2003) 558-2 final, 24 September.Google Scholar
  36. European Commission Communication. (2004c). Green Paper on an EU Approach to Managing Economic Migration. COM (2004) 811 final, 11 January 2005.Google Scholar
  37. European Commission Communication. (2005d). A Common Agenda for Integration Framework for the Integration of Third-Country Nationals in the European Union. COM (2005) 389 final, 1 September.Google Scholar
  38. European Commission Communication. (2005e). Proposal for a Directive of the European Parliament and of the Council on Improving the Portability of Supplementary Pension Rights. COM (2005) 507 final, 20 October.Google Scholar
  39. European Commission Communication. (2005f). The Hague Programme: Ten Priorities for the Next Five Years. The Partnership for European Renewal in the Field of Freedom, Security and Justice. COM (2005) 184 final, 10 May.Google Scholar
  40. European Commission Communication. (2006c). Recommendation on the Establishment of the European Qualifications Framework for Lifelong Learning. COM (2006) 479 final, 5 September.Google Scholar
  41. European Commission Communication. (2007b). Final Report on the Implementation of the Commission’s Action Plan for Skills and Mobility. COM (2002) 72 final, COM (2007) 24 final, 25 January.Google Scholar
  42. European Commission Communication. (2007c). Mobility, an Instrument for More and Better Jobs: The European Mobility Action Plan (2007–2010). COM (2007) 773 final, 6 December.Google Scholar
  43. European Commission Communication. (2007d). Proposal for a Council Directive on the Conditions of Entry and Residence of Third-Country Nationals for the Purposes of Highly Qualified Employment. COM (2007) 637 final, 23 October.Google Scholar
  44. European Commission Communication. (2007e). Proposal for a Council Directive on a Single Application Procedure for a Single Permit for Third-Country Nationals to Reside and Work in the Territory of a Member State and on a Common Set of Rights for Third Country Nationals Legally Residing in a Member State. COM (2007) 638 final, 23 October.Google Scholar
  45. European Commission Communication. (2007f). Proposal for a Directive Providing for Sanctions against Employers of Illegally Staying Third-Country Nationals. COM (2007) 249 final, 16 May.Google Scholar
  46. European Commission Communication. (2007g). Proposal for Council Decision on the Position to be Taken by the Community within the Association Council Created by the Euro-Mediterranean Agreement Establishing an Association between the European Communities and their Member States, of One Part, and the Republic of Tunisia, of the Other Part, with Regard to the Adoption of Provisions on the Co-ordination of the Social Security Systems. COM (2007) 788 final, 11 December.Google Scholar
  47. European Commission Communication. (2007h). Towards a Common Immigration Policy. COM (2007) 780 final, 5 December.Google Scholar
  48. European Commission Communication. (2007i). Towards a Single European Labour Market. COM (2007) 116 final, 16 March.Google Scholar
  49. European Commission Communication. (2011d). Global Approach to Migration and Mobility. COM (2011) 743 final, 18 November.Google Scholar
  50. European Commission Communication. (2013b). Proposal for a Directive on Measures Facilitating the Exercise of Rights Conferred on Workers in the Context of Freedom of Movement of Workers. COM (2013) 236 final, 26 April.Google Scholar
  51. European Commission Communication. (2013c). Evaluating National Regulations on Access to Professions. COM (2013) 676 final, 2 October.Google Scholar
  52. European Commission Communication. (2014). Implementation of Directive 2009/50EC on the Conditions of Entry and Residence of Third Country Nationals for the Purpose of Highly-Qualified Employment. COM (2014) 287 final, 22 May.Google Scholar
  53. European Commission MEMO. (2005c). 2006—European Year of Workers’ Mobility, the Importance of the Mobility of Workers to the Implementation of the Lisbon Strategy. MEMO/05/229, 30 June.Google Scholar
  54. European Commission MEMO. (2005d). High Level Group on Free Movement of Workers. MEMO/05/325, 16 September.Google Scholar
  55. European Commission MEMO. (2006b). FAQ on the Commission’s Free Movement of Workers Report. MEMO/06/64, 8 February.Google Scholar
  56. European Commission MEMO. (2006c). The Directive on the Right to Move and Reside Freely in the Union/Seven Million European Citizens Already Live in Another Member State. MEMO/06/179, 2 May.Google Scholar
  57. European Commission Press Release. (2005c). Commissioner Špidla Kicks off Run-in to Free Labour Movement Decisions for Next Three Years. IP/05/1153, 16 September.Google Scholar
  58. European Commission Press Release. (2005d). One Year on: The European Health Insurance Card has Made its Mark across the EU. IP/05/802, 28 June.Google Scholar
  59. European Commission Press Release. (2006a). Enhancement of Free Movement and Residence Rights for EU Citizens: A New Milestone in EU Integration Process. IP/06/554, 2 May.Google Scholar
  60. European Commission Press Release. (2006b). Free Movement of Workers since the 2004 Enlargement had a Positive Impact—Commission Report Finds. IP/06/130, 8 February.Google Scholar
  61. European Commission Press Release. (2006c). Meeting Offers Last Chance to Review Restrictions on Free Movement of Workers in EU. IP/06/390, 28 March.Google Scholar
  62. European Commission Press Release. (2007b). Making Europe More Attractive to Highly Skilled Migrants and Increasing the Protection of Lawfully Residing and Working Migrants. IP/07/1575, 23 October.Google Scholar
  63. European Commission Press Release. (2010h). European Commission Proposes Common Entry and Residence Conditions for Third-Country Seasonal Workers. IP/10/930, 13 July.Google Scholar
  64. European Court of Justice. (1996a). Judgment of the Court, Case C-173/94, Commission v Belgium ECR [1996] I-3265. 2 July.Google Scholar
  65. European Court of Justice. (1996b). Judgment of the Court, Case C-290/94, Commission v Greece ECR [1996] I-3285. 2 July.Google Scholar
  66. European Court of Justice. (1996c). Judgment of the Court, Case C-473/93, Commission v Luxembourg ECR [1996] I-3207. 2 July.Google Scholar
  67. Ferrera, M. (2005a). The Boundaries of Welfare—European Integration and the New Spatial Politics of Social Protection. Oxford: OUP.CrossRefGoogle Scholar
  68. Ferrero-Waldner, B. (2006). Migration, External Relations and the European Neighbourhood Policy. SPEECH/06/30, 24 January.Google Scholar
  69. Flynn, P. (1994c). Free Movement of People in Europe—Equality between Nationals and non-Nationals in Social Security. SPEECH/94/122, 10 November.Google Scholar
  70. Frattini, F. (2005c). The Green Paper on an EU Approach to Managing Economic Migration. SPEECH/05/364, 20 June.Google Scholar
  71. Frattini, F. (2005d). Legal Migration and the Follow-up to the Green Paper and on the Fight against Illegal Immigration. SPEECH/05/666, 7 November.Google Scholar
  72. Frattini, F. (2007a). Enhanced Mobility, Vigorous Integration Strategy and Zero Tolerance on Illegal Employment: A Dynamic Approach to European Integration Policies. SPEECH/07/526, 13 September.Google Scholar
  73. Frattini, F. (2007b). Shaping Migration Patterns. SPEECH/07/556, 20 September.Google Scholar
  74. Frattini, F. (2007c). The Future Development of EU Migration Policy. SPEECH/07/471, 3 July.Google Scholar
  75. Frattini, F. (2007d). The Future of EU Migration and Integration Policy. SPEECH/07/98, 23 February.Google Scholar
  76. Geddes, A. (2000). Immigration and European Integration—Towards a Fortress Europe? Manchester: Manchester University Press.Google Scholar
  77. Groenendijk, K., & Guild, E. (2001). Converging Criteria: Creating an Area of Security of Residence for Europe’s Third Country Nationals. European Journal of Migration Law, 3(1), 37–59.Google Scholar
  78. Guild, E. (1996). The Legal Framework. In D. Cesarani & M. Fulbrook (Eds.), Citizenship, Nationality and Migration in Europe (pp. 30–53). London: Routledge.Google Scholar
  79. Guild, E. (2005). Who is Entitled to Move and who is in Charge? Understanding the Legal Framework of European Labour Migration. In D. Bigo & E. Guild (Eds.), Controlling Frontiers: Free Movement into and within the Europe (pp. 100–139). Aldershot: Ashgate.Google Scholar
  80. Guild, E. (2007). EU Policy on Labour Migration—A First Look at the Commission’s Blue Card Initiative. CEPS Policy Brief, no. 145, November.Google Scholar
  81. Hantrais, L. (1995). Social Policy in the European Union. Basingstoke: Macmillan.CrossRefGoogle Scholar
  82. Hix, S., & Høyland, B. (2011). The Political System of the European Union (3rd ed.). Basingstoke: Palgrave Macmillan.Google Scholar
  83. Kostadinova, V. (2013). The European Commission and the Configuration of Internal European Union Borders: Direct and Indirect Contribution. JCMS, 51(2), 264–280.Google Scholar
  84. Lahav, G. (2004). Immigration and Politics in the New Europe—Reinventing Borders. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
  85. Maroukis, T., & Triandafyllidou, A. (2013). Mobility Partnerships: A Convincing Tool for the EU’s Global Approach to Migration? Notre Europe Policy Brief, no. 76, February. Retrieved April 25, 2016, from
  86. McCreevy, C. (2007). Review of the Single Market. SPEECH/07/532, 14 July.Google Scholar
  87. Nugent, N. (2010). The Government and Politics of the European Union (7th ed.). Basingstoke: Palgrave Macmillan.Google Scholar
  88. Prodi, R. (2002). Speaking Points Concerning the Seville European Council. SPEECH/02/290, 18 June.Google Scholar
  89. Sinn, H. (2004). EU Enlargement, Migration and New Constitution. Economic Studies, 50(4), 685–707.Google Scholar
  90. Špidla, V. (2006b). Opening Address for the Seminar ‘Labour Mobility in the EU and China: Trends and Challenges Ahead’. SPEECH/06/681, 13 November.Google Scholar
  91. Špidla, V. (2006c). The European Year of Workers’ Mobility. SPEECH/06/248, 24 April.Google Scholar
  92. Vitorino, A. (2001a). Migratory Flows and the European Labour Market: Towards a Community Immigration Policy. SPEECH/01/334, 9 July.Google Scholar
  93. Vitorino, A. (2001b). On the Immigration Policy. SPEECH/01/463, 16 October.Google Scholar
  94. Vitorino, A. (2003b). Asylum is a Right, Economic Migration is an Opportunity. SPEECH/03/71, 11 February.Google Scholar

Copyright information

© The Author(s) 2017

Authors and Affiliations

  • Valentina Kostadinova
    • 1
  1. 1.Department of Economics and International StudiesUniversity of BuckinghamBuckinghamUK

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