‘The United States of Europe Have Commenced’,but for Whom?

Abstract

The author begins this article with a short description of the early history of the United States of America and makes a comparison with the genesis of the European Community. It is also possible to draw comparisons with the early history of the USA in the area of the free movement of people and immigration. In the European Community, just as in the United States, immigration is treated principally as an economic matter. However, unlike the United States, the free movement of nationals of the member states within the territory of the Community was, at first, also viewed from a purely economic perspective. This exclusive link with economic activities and services was only dropped very recently. The author also looks at the significance of the Union Treaty for the position of nationals of non-member states, who are already settled, living and working in the Community. According to the author, established immigrants should be treated in accordance with the regulations governing the free movement of workers which apply to EC-nationals. A norm of 4 years legal residence could be a reasonable norm for granting free movement within the internal market. The author is convinced that the vague public debate within the Community about equal treatment for the nationals of non-member states will only be dealt with seriously when the concrete problems are put on the table via the jurisdiction of the Court of Justice. That is why the authority of the Court is a necessary prerequisite for the real equal rights to be finally achieved.