Free Movement of Persons in the Nordic States: EU Law, EEA Law, and Regional Cooperation

Description

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 Contents List of Contributors PART I: INTRODUCTION 1. Free Movement of Persons in the Nordic States I. Introduction II. A Tradition of Cooperation in the Nordic Region III. A Closer Look: A Nordic Take on Free Movement of Persons Law? PART II: THE INTERPLAY OF EU LAW, EEA LAW
AND NORDIC COOPERATION: VARIOUS PERSPECTIVES 2. The Vision and Legal Reality of Regional Integration in the Nordic States I. Introduction II. Historical Developments III. Institutions and Decision-Making IV. Nordic Cooperation and EU Law V. Future Prospects: Proposals for Developing Nordic Integration and Closure of Borders in Times of Crisis VI. Conclusion 3. Free Movement of Persons in the Nordic States through EU Law and EEA Law I. Introduction II. Free Movement of Persons and the Nordic States III. Free Movement of Persons: The Law and the Case Law IV. Conclusion: Nordic Integration through the EU 4. Fundamental Rights of the Individual in EEA Law: The Tension between the ECHR Standards and the EU Charter I. Introduction II. The Legal Characteristics of the EEA Agreement III. Protection of Fundamental Rights under the EEA Agreement IV. The Tension between the ECHR Standards and the Charter V. Summary and Conclusions 5. Closure of Borders in the Three Nordic EU Member States During the Covid-19 Pandemic I. Introduction II. The Divergent Nordic Covid-19 'Models' and Strategies III. The Administrative Letters from the Commission and the Responses IV. The Nordic BORDER OBSTACLE Council Letters to the Nordic States V. Approaches and Actions VI. Conclusions: Lessons Learned and the Importance of Rebuilding Trust PART III: THE INDIVIDUAL’S ACCESS TO FREE MOVEMENT RIGHTS IN THE NORDIC REGION 6. Free Movement Rights in Denmark I. Introduction II. The Legal Arrangements for EU, EEA and Nordic Nationals in Denmark III. Legal Basis for Establishing Residence in Denmark IV. Access to Social Rights/Inclusion in Residence-Based Social Systems in Denmark V. Denmark's Tense Relationship with Free Movement and Migration VI. Nationality and Naturalisation in Denmark VII. Conclusion for Denmark 7. Free Movement Rights in Sweden I. Introduction II. The Legal Arrangements for EU, EEA and Nordic Nationals in Sweden III. Legal Basis for Establishing Residence in Sweden IV. Access to Social Rights/Inclusion in Residence-Based Social Systems in Sweden V. Nationality and Naturalisation in Sweden VI. Conclusion: Sweden 8. Free Movement Rights in Finland I. Introduction II. The Legal Arrangements for Nordic, EU and EEA Nationals in Finland III. The Legal Basis for Establishing Residence in Finland IV. Access to Social Rights/Inclusion in the Residence-Based Social System in Finland V. Nationality and Naturalisation in Finland VI. The Special Treatment of Nordic Nationals: A Problem or Not? VII. Conclusion 9. Free Movement Rights in Norway I. Introduction II. The Legal Arrangements for EU, EEA and Nordic Nationals in Norway III. Legal Basis for Establishing Residence in Norway IV. Access to Social Rights/Inclusion in Residence-Based Social Systems in Norway V. Nationality and Naturalisation in Norway VI. Other Differences in Nordic/EFTA Regulation VII. Conclusion: Norway 10. Free Movement Rights in Iceland I. Introduction II. The Legal Arrangements for EU, EEA and Nordic Nationals in Iceland III. Legal Basis for Establishing Residence in Iceland IV. Access to Social Rights/Inclusion in Residence-Based Social Systems in Iceland V. Nationality and Naturalisation in Iceland VI. The Relationship between National and EEA Concepts of Residence VII. Conclusion: Iceland 11. Free Movement of Persons and the Autonomous Territories in the Danish Kingdom: Greenland and the Faroe Islands I. Introduction II. Greenland III. The Faroe Islands IV. Conclusions PART IV: CONCLUSION 12. Flickering Contours of a Nordic Citizenship Encircling a Legal Core of EU/EEA Law I. Introduction II. Encouraging Free Movement of Persons in the Nordic Region III. The Nordic Legal Framework: Complementary But Also Integrationist IV. Equal Treatment, Easy Naturalisation and Cooperative National Administrations: The Essence of Nordic Freedom of Movement V. The Flickering Contours of a Non-Formalised Nordic Citizenship Index