Lecture on Third Country Nationals (TCNs) in EU Law

Introduction

• Focus on how TCNs can gain entry and residence rights in EU member states.
• TCNs often associated with EU citizens, especially as family members.

Family Members of EU Citizens

• TCNs can derive rights if they are family members of an EU citizen who has exercised free movement rights.
• Key Requirement: Must be in the same member state as the EU citizen.
• Articles 12 and 13 of the directive:
  • Cover situations post-death or divorce of the EU citizen.
  • No additional national requirements can be imposed.

Other Categories of TCNs with Entry and Residence Rights

• EEA Nationals:
  • Nationals from Norway, Iceland, Liechtenstein.
  • Rules similar to EU citizens due to EEA treaty.
  • Swiss nationals also have certain rights due to bilateral agreements with the EU.
• Association Agreements:
  • Example: Turkey—facilitated entry for Turkish workers.
  • Similar dormant agreement with Russia.

National Law vs. EU Directives

• Member states can allow TCNs under their national laws.

EU Legislation on TCNs

• Blue Card Directive:
  • Allows highly skilled workers to enter the EU.
• Directives for Researchers and Students:
  • Easier entry for research and study purposes.
• Long-Term Residence (LTR) Directive 2003-109:
  • After several years of legal residence, TCNs can acquire LTR status.
  • Provides limited free movement rights.
  • Not applicable in Ireland, Denmark, and previously the UK.
• Family Reunification Directive 2003-86:
  • For TCNs not deriving rights from an EU citizen.
  • Similar applicability exclusions as LTR Directive.
• Posted Worker Directive:
  • Allows TCNs working for a company in an EU state to work in another EU state.

Political Context and European Council Conclusions

• Historical conclusions (Tampere, Stockholm) suggest TCNs should be treated similarly to EU citizens.
• Political reality since the migrant crisis has affected this principle.

Conclusion

• TCNs have rights derived from a variety of EU laws and agreements.
• The most substantial rights are typically through family associations with EU citizens.
• Understanding the interaction between directives, national laws, and political contexts is crucial.