آزادی حرکت افراد در کشورهای شمال اروپا: قانون اتحادیه اروپا، قانون EEA و همکاری منطقه‌ای

Can it be argued that there exists a concept of Nordic citizenship, founded on inter-Nordic cooperation and its relationship with EU law and EEA law? Researchers from all five Nordic States (Denmark, Finland, Iceland, Norway and Sweden) explore the tensions, gaps and overlaps arising from the interplay of EU citizenship, EEA law and the Nordic initiatives that aim to facilitate cross-border mobility of persons in the region. The analysis takes a dual approach. Firstly, it tracks the legal development of nationality law in Nordic states. Secondly, it sets out the rights of residence and access to social rights that follow from the three different regimes. It asks if the Nordic States, through their regional cooperation, are ‘going beyond’ EU free movement law, making naturalisation to a citizenship in a Nordic state particularly attractive. This important new work gives a unique perspective on EU citizenship and free movement law. Volume 9 in the series EU Law in the Member States Acknowledgements 6 Contents 8 List of Contributors 10 PART I: INTRODUCTION 12 1. Free Movement of Persons in the Nordic States 14 I. Introduction 14 II. A Tradition of Cooperation in the Nordic Region 14 III. A Closer Look: A Nordic Take on Free Movement of Persons Law? 17 PART II: THE INTERPLAY OF EU LAW, EEA LAW AND NORDIC COOPERATION: VARIOUS PERSPECTIVES 18 2. The Vision and Legal Reality of Regional Integration in the Nordic States 20 I. Introduction 20 II. Historical Developments 22 III. Institutions and Decision-Making 27 IV. Nordic Cooperation and EU Law 34 V. Future Prospects: Proposals for Developing Nordic Integration and Closure of Borders in Times of Crisis 37 VI. Conclusion 40 3. Free Movement of Persons in the Nordic States through EU Law and EEA Law 42 I. Introduction 42 II. Free Movement of Persons and the Nordic States 43 III. Free Movement of Persons: The Law and the Case Law 50 IV. Conclusion: Nordic Integration through the EU 62 4. Fundamental Rights of the Individual in EEA Law: The Tension between the ECHR Standards and the EU Charter 66 I. Introduction 66 II. The Legal Characteristics of the EEA Agreement 67 III. Protection of Fundamental Rights under the EEA Agreement 68 IV. The Tension between the ECHR Standards and the Charter 72 V. Summary and Conclusions 87 5. Closure of Borders in the Three Nordic EU Member States During the Covid-19 Pandemic 88 I. Introduction 88 II. The Divergent Nordic Covid-19 'Models' and Strategies 91 III. The Administrative Letters from the Commission and the Responses 97 IV. The Nordic BORDER OBSTACLE Council Letters to the Nordic States 99 V. Approaches and Actions 100 VI. Conclusions: Lessons Learned and the Importance of Rebuilding Trust 103 PART III: THE INDIVIDUAL’S ACCESS TO FREE MOVEMENT RIGHTS IN THE NORDIC REGION 106 6. Free Movement Rights in Denmark 108 I. Introduction 108 II. The Legal Arrangements for EU, EEA and Nordic Nationals in Denmark 109 III. Legal Basis for Establishing Residence in Denmark 111 IV. Access to Social Rights/Inclusion in Residence-Based Social Systems in Denmark 116 V. Denmark's Tense Relationship with Free Movement and Migration 121 VI. Nationality and Naturalisation in Denmark 126 VII. Conclusion for Denmark 129 7. Free Movement Rights in Sweden 132 I. Introduction 132 II. The Legal Arrangements for EU, EEA and Nordic Nationals in Sweden 134 III. Legal Basis for Establishing Residence in Sweden 137 IV. Access to Social Rights/Inclusion in Residence-Based Social Systems in Sweden 141 V. Nationality and Naturalisation in Sweden 148 VI. Conclusion: Sweden 153 8. Free Movement Rights in Finland 158 I. Introduction 158 II. The Legal Arrangements for Nordic, EU and EEA Nationals in Finland 159 III. The Legal Basis for Establishing Residence in Finland 162 IV. Access to Social Rights/Inclusion in the Residence-Based Social System in Finland 175 V. Nationality and Naturalisation in Finland 180 VI. The Special Treatment of Nordic Nationals: A Problem or Not? 182 VII. Conclusion 184 9. Free Movement Rights in Norway 186 I. Introduction 186 II. The Legal Arrangements for EU, EEA and Nordic Nationals in Norway 186 III. Legal Basis for Establishing Residence in Norway 188 IV. Access to Social Rights/Inclusion in Residence-Based Social Systems in Norway 197 V. Nationality and Naturalisation in Norway 202 VI. Other Differences in Nordic/EFTA Regulation 205 VII. Conclusion: Norway 208 10. Free Movement Rights in Iceland 210 I. Introduction 210 II. The Legal Arrangements for EU, EEA and Nordic Nationals in Iceland 211 III. Legal Basis for Establishing Residence in Iceland 213 IV. Access to Social Rights/Inclusion in Residence-Based Social Systems in Iceland 221 V. Nationality and Naturalisation in Iceland 230 VI. The Relationship between National and EEA Concepts of Residence 232 VII. Conclusion: Iceland 233 11. Free Movement of Persons and the Autonomous Territories in the Danish Kingdom: Greenland and the Faroe Islands 236 I. Introduction 236 II. Greenland 239 III. The Faroe Islands 251 IV. Conclusions 256 PART IV: CONCLUSION 258 12. Flickering Contours of a Nordic Citizenship Encircling a Legal Core of EU/EEA Law 260 I. Introduction 260 II. Encouraging Free Movement of Persons in the Nordic Region 261 III. The Nordic Legal Framework: Complementary But Also Integrationist 262 IV. Equal Treatment, Easy Naturalisation and Cooperative National Administrations: The Essence of Nordic Freedom of Movement 267 V. The Flickering Contours of a Non-Formalised Nordic Citizenship 269 Index 272 "Can it be argued that there exists a concept of Nordic citizenship, founded on inter-Nordic cooperation and its relationship with EU law and EEA law? Lawyers from all five Nordic States (Denmark, Sweden, Finland, Norway, and Iceland) explore the tensions, gaps, and overlaps arising from the interplay of EU citizenship, EEA law, and the Nordic initiatives that aim to facilitate cross-border mobility of persons in the region. The analysis takes a dual approach. Firstly, it tracks the legal development of nationality law in Nordic states. Secondly, it sets out the social rights that follow from the three different regimes. It asks if the Nordic States, through their regional cooperation, are 'going beyond' EU free movement law, making naturalisation to a citizenship in a Nordic state particularly attractive. This important new work gives a unique perspective on EU citizenship and free movement law."-- Provided by publisher