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The Review of International Affairs

UDK: 341.231.14:339.923.061.1 Biblid 0543-3657, 60 (2009) Vol. LX, No. 113334, pp. 8093 Original Scientific Paper March 2009

New Problems Resulting from EU Enlargement: Freedom of movement A right, a privilege, or a problemVladimir Prvulovi*ABSTRACT Free movement of people, goods, services and capital is one of the basic assumptions of EU. The accession of ten new member countries in 2004 first, and then of Bulgaria and Romania on 1st January 2007 has contributed to large migration from the East to the West from poorer to richer EU countries. With the latest economic crisis and the increase of unemployment, particular countries (Italy, Germany, Spain, France, and the UK) are facing a large number of migrants with EU passports in legal search for a job and better life. This results in the rise of xenophobic atmosphere and intolerance towards newcomer migrants, particularly among the unemployed or xenophobic political parties and movements. However, a question duly arises: are newcomers from Bulgaria, Romania, Poland and other EU members from Eastern Europe immigrants, and could they be treated as such having in mind that they have EU citizenship? Does EU have mechanisms of the allowed (legal) restrictions on free movement for EU citizens, particularly from the new EU countries? How will this influence further EU enlargement, particularly from the countries of the West Balkans? Key words: free movement of people, goods, services and capital, human rights and freedoms, Maastricht Agreement, Treaty of Lisbon, economic migrants, the third world countries, immigrants, EU enlargement, Schengen Agreement, White Schengen List.* Professor Vladimir Prvulovi, Ph.D., Megatrend University, Belgrade.

The Review of International Affairs


Introductory notes Free movement of people, goods, services and capital is one of the fundamental assumptions of the European Union since it was established.1 It was one of the reasons the pioneers of the idea of EU and its founders pointed out to citizens of Europe as the basic motive for the achievement of this European integration. Up to the present days, the idea of free movement of people has passed through its evolution, transformation and concretisation. It does not only involve the right and freedom to move and settle in whatever EU member country you wish, but also to get a job, to enjoy the rights resulting from employment, and also to achieve, to some extent, voting and other political rights in the country of settlement. All this aroused excitement with citizens of then candidate countries who thought that they could come out of the isolation before the fall of the Berlin wall through a painstaking transition, finally entering EU as a pastry shop they could only watch through glass till then. By the enlargement of EU the idea of frontier-free Europe became quite real for 500 million of its citizens. These provisions were later elaborated in detail in the so-called consolidated versions of the Treaty on the European Union and they are as follows: the Maastricht Treaty of 7 February 1992, the Treaty of Amsterdam of 9 November 1997, the Treaty of Nice of 10 March 2001, the Brussels consolidated version of the Maastricht Treaty of 29 December 2006, the Lisbon Treaty of 13 December 2007 and finally the consolidated version of the Maastricht Treaty of 9 May 2008.2 However, all these fundamental EU1 Treaty Establishing the European Economic Community (Treaty of Rome of 25.03.1965):

Third part: Community Policies, III Freedom of movement of people, freedom of movement of goods, services and capital, Chapter 1, Article 48: 1. Freedom of movement for workers shall be secured within the Community. 2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Members States as regards employment, remuneration, and other conditions of work and employment 3. It shall entail the right, subject to limitations justified on ground of public policy, public security and public health: (a) to accept offers of employment actually made; (b) to move freely within the territory of Member State for this purpose; (c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action), quoted from the book: Lopandi, Duko, Ugovor o Evropskoj uniji: Rim-Mastriht-Amsterdam, Medjunarodna politika, Slubeni list, Pravni fakultet, Institut ekonomskih nauka, Belgrade, Serbia,1999, p. 87. 2 Source: Versions consolides du Traite sur lUnion europeenne et du Traite instituant la Communaute europeenne du 29.12.2006, Journal officiel de lUnion europeenne N. C321, p.11, 57 et 59. The Brussels consolidated version of the Treaty on EU and the Treaty on the Functioning of the European Union of 9 May 2008.


The Review of International Affairs

documents are not untouchable.3 During the evolution of the European integration, they have been subject to continuous adaptation, improvement and promotion, this including, among other things, the field of the fundamental right of EU citizens to freedom of movement, employment, residence and settlement. Of course, those rights and freedoms are intended to be used as fully, appropriately and efficiently as possible. The below mentioned articles from the so-called consolidated versions of the basic EU treaties illustrate this. All of them, with the exception to some extent of the Amsterdam Treaty, further confirm, guarantee and elaborate freedom of movement of people (labour force) and prohibit restriction of this human right of EU citizens. However, are there bad aspects of this right? Can freedom of movement of EU citizens can be a danger for citizens of the receiving countries of newcomers? Can this freedom be restricted? All this has become current after the accession of the new members from Eastern Europe in 2004 and especially recently when Italy has stated that immigrants have caused enormous economic, political and security troubles, what makes it restrict the freedom or actually limit the number of settlers and immigrants. Are, for example, the Romanians and Bulgarians, citizens of the member countries, immigrants? I wish to discuss this issue in the paper. Reasons for alert Let us try to understand the seriousness of the Italian warnings and the reasons for alert. According to numerous official data that have been made public about 300,000 Romanians (most of them are Roma) have constantly resided in Italy with a 90-day permission to stay.4 Many of them, having the passports of an EU member country, are coming legally and settling in caravans and trailers in the suburbs of the Italian cities. They establish there an illegal market of new services: prostitution, begging, car thefts, burglaries, pickpocketing, sorcery practising and taking spells off, being also involved in small crime activities. Italy has been shocked by some new business reselling of flowers that have been stolen from the graves on the entrances of cemeteries in big cities. Playing music in public transportation and at city squares has already been organised3 I am very grateful to Dragana Cvetojevi, who has helped in the verification of the data and

excerpts from the documents used here. I express my special gratefulness to Mr. Milo Prvulovi, EUROJUST Legal Officer, The Hague, Netherlands, for his help and suggestions. 4 Brady, Hugo, EU migration policy: An A-Z, Centre for European reform, London, 2007, p. 28.

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well and one should say that this has been an accepted phenomenon performed by newcomers. Thus, they have established a new shallow underworld. However, the security of citizens of Rome, Milan, Florence and other Italian cities has never before been endangered as is it is now by the organised groups of new EU citizens. Italy made an attempt to resolve this problem by enforced expulsion of newcomers at its own expense after a 90-day period but this produced no effect. They would come back in the same, legal way performing their business. By all this, not all of them who stayed more than 90 days could be detected or returned to the countries they had come from. Moreover, the expenses of taking them into custody, finding them a place to stay as well as those of the organised collective deportations were enormous. Italy, then, alarmed the European institutions pointing to a great influx of immigrants from the East and threatened to introduce restrictive measures and limit broad freedoms of movement.5 However, does it have the right to do this and is it in accordance with the EU documents? Italy made a bilateral agreement with Romania on intensifying the control measures for coming out of the country5 There is a lack of new EU official data on the number of migrants. The last official data on the

number of migrants from 10 candidate countries date from 20012002 period. According to them, 1,027,887 migrants had stayed in EU in that period and they came from 10 countries that acceded EU in 2004. According to those data, the greatest part of them had stayed in FR Germany and there were 597,137 of them, while in Italy there were 107,419 of these migrants. Source: Potential Migration from Central and Eastern Europe into the EU-15, Report for the European Commission, DG Employment and Social Affairs, Patricia Alvarez-Plata, Herbert Bruckler (coordinator), Boris Sliversons, DIW, Berlin, October 2003, p.14. For this reason I shall use the forecast data on the number of migrants from the new member countries in FR Germany for 2008, 2009 and 2010, focusing my attention especially on those coming from Bulgaria and Romania (by the so-called High Scenario and based on the model used by the below quoted authors): In 2008 in FR Germany w