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Freedom of Movement of Union Citizens in the Outermost Regions of the EU

Publication at Faculty of Law |
2017

Abstract

The aim of this paper is to present the specific position of the outermost regions of the EU regarding freedom of movement of persons in the EU. Indeed, the nine outermost regions of the EU, despite their geographical distance from the European continent are full part of the EU.

Therefore, they are supposed to apply EU law. They nevertheless benefit from some specific measures or derogations because of their specificity.To which extent EU migration law applies to these EU regions located outside the European continent? Can third-country nationals and Union citizens from other Member States move freely to such territories?What are the derogations to the common regime of freedom of movement of persons? Are these derogations justified? The paper will answer to these questions and examine a particular case, the case of Réunion island, a French outermost region located in the Indian Ocean.

It will focuse especially on the case of Mahoran citizens (from Mayotte island) moving to Réunion island. Indeed, many Mahoran citizens, especially women and children, are moving to Réunion island, with the hope to find better living conditions.

They are partly seen by the local population as abusers and less integrated than third-country nationals. The EU concept of Abuse of rights, especially of abuse of social assistance, does not apply to them as it is a purely French internal issue.

But their case recalls, by many aspects, the migration of Union citizens from Roma origin.