This chapter analyses the current framework regulating migration from third countries. It is only in this period that the relevant secondary law was fully formed. The analysis reveals the extensive attribution of rights to those TCN migrants the EU most needs, that is, those who are considered crucial for the EU development project. In parallel, economic safeguards of different kind appear in the system to ensure that TCN migration can in no way pose risks to the EU project. Next to the legislative framework, the examination of the case-law of the Court highlights the consolidation of social objectives by an emphasis on Charter rights in review of national measures transposing secondary law. In this chapter, the investigation further shows the complete elimination of migrants’ rights from agreements concluded by the EU with third countries.

Access of non-EU nationals to the labour market of EU Member States is based on selection matching skills needs. EU nationals have a right under EU law to reside in other EU Member States on condition that they either are student or economically active, or do have ‘sufficient resources’. This chapter examines whether the differences in framework are also visible on the ground. It looks at the changing practice of monitoring ‘sufficient resources’. During the economic crisis, several Member States increased the threshold for ‘sufficient resources’ and introduced stricter enforcement of the financial conditions. At the same time, the percentage of flexible and temporary labour contracts on the labour market increased, making it harder to fulfil these financial conditions. This chapter analyses how the combination of stricter rules, economic crisis, and flexible contracts may impact on termination of residence of, presumably, less wealthy EU citizens. It argues that the distinction made at EU level between intra-EU mobility and labour migration from outside the EU is not an appropriate starting point to look at the complexities of movement of workers in and to the EU.