Guest seminar: Frictions between EU law and UK Law: The Case of Free Movement
This guest seminar will be delivered by Professor Jo Shaw, University of Edinburgh.
Jo Shaw holds the Salvesen Chair of European Institutions and is Dean of Research and Deputy Head of the College of Humanities and Social Science.
This paper will explore the interactions between the EU rules on the free movement of persons and the institutions and legal structures of UK immigration law, by providing a case study of the implementation of EU free movement rules in the United Kingdom in relation to immigration-related questions such as first entry and residence, stability of residence and family reunion.
The argument is developed using research analysing both legal doctrine and interview data, conducted with Nina Miller and Maria Fletcher. It is evident that adversarial relationships between the various stakeholders in relation to free movement have arisen, and may hinder the effective application of EU law.
In some fields, there has been a consistent failure to apply the correct EU principles at national level, especially on the part of the UK Border Agency. A broader conclusion can also be drawn concerning the capacity of this type of contextualised analysis to provider richer comparisons between legal sectors and Member States, offering a more nuanced view of how the worlds of EU law and national law intersect.
G.32, The Liberty Building
School of Law