Why and to what extent is EU law on the free movement of persons ‘shareable’ with the EEA?

The task of translating how freedom of movement as a field of EU law should apply in the EEA is taken up mainly by those working directly in that context. Fundamentally, that work addresses the receivability and the shapeability of EU law for the EEA. But the EEA Agreement is also an integral part of the EU legal order. This paper therefore argues that the implications of EEA relevance should be acknowledged and addressed more consciously by EU actors too. Using the aggregated composition of free movement rights and Union citizenship in EU law as a case study, it highlights the responsibilities of the EU by raising methodological and systemic questions that affect the shareability of EU law beyond the EU and its Member States. Shareability is an under-explored aspect of EU law generally. In an autonomous legal order defined by its specific and essential characteristics, it is not straightforward to detach concepts and principles of EU law from their dense systemic context. However, it is argued here that the objectives and values shared by the EU, its Member States and EEA EFTA States provide a firm basis for deep shareability of EU law in that specific context.

Authors

Publication Details

Journal
Maastricht Journal of European and Comparative Law
Published
2025-04-01
DOI
https://doi.org/10.1177/1023263x251341680
Citations
2
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
17.04

Funders

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article

Why and to what extent is EU law on the free movement of persons ‘shareable’ with the EEA?

Niamh Nic Shuibhne
2 citations
Maastricht Journal of European and Comparative Law
European and International Law Studies
17.04
article

Why and to what extent is EU law on the free movement of persons ‘shareable’ with the EEA?

Niamh Nic Shuibhne
article en
2 citations

Abstract

The task of translating how freedom of movement as a field of EU law should apply in the EEA is taken up mainly by those working directly in that context. Fundamentally, that work addresses the receivability and the shapeability of EU law for the EEA. But the EEA Agreement is also an integral part of the EU legal order. This paper therefore argues that the implications of EEA relevance should be acknowledged and addressed more consciously by EU actors too. Using the aggregated composition of free movement rights and Union citizenship in EU law as a case study, it highlights the responsibilities of the EU by raising methodological and systemic questions that affect the shareability of EU law beyond the EU and its Member States. Shareability is an under-explored aspect of EU law generally. In an autonomous legal order defined by its specific and essential characteristics, it is not straightforward to detach concepts and principles of EU law from their dense systemic context. However, it is argued here that the objectives and values shared by the EU, its Member States and EEA EFTA States provide a firm basis for deep shareability of EU law in that specific context.

Maastricht Journal of European and Comparative LawVol. 32(2)
Leverhulme Trust
Openalex Percentile: Top 1%
European and International Law Studies
17.04
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Why and to what extent is EU law on the free movement of persons ‘shareable’ with the EEA? — Niamh Nic Shuibhne · Maastricht Journal of European and Comparative Law (2025) | TGRS Research Map | TGRS