Abstract/Summary

The Long-term Residents Directive (LTR Directive) concerning the status of third-country nationals (TCNs) who are long-term residents (LTRs) in the European Union was adopted by the Council of the Union in 2003. Given that the Directive was promulgated, inter alia, in order to implement the objectives of the Tampere Programme, the Directive’s provisions would be expected to be in line with the Programme’s objectives. This thesis is concerned with the question of whether the LTR Directive is capable of achieving the objectives set for the Union in the Tampere Programme. This thesis is also a plea for the approximation of the rights and status of LTRs and EU citizens, as recommended by the Tampere Programme. Although such an approximation has been explored in a number of studies, the literature has paid little attention to what benefits this might have for the Union. This thesis, therefore, seeks to do this by analysing the benefits of the approximation of the rights and status of LTRs to EU citizens extension of rights and status of LTRs to EU citizens from the point of view of the Union. Analysing the Tampere Programme shows that the Programme intended to enhance the integration of LTRs into the EU’s society by giving LTRs rights and obligations comparable to the rights and obligations of EU citizens. Nevertheless, the analysis in this thesis demonstrates that i) the approach of the LTR Directive to the integration of LTRs into the EU’s society is different from what the Tampere Programme recommended; ii) the Directive fails to give LTRs rights and obligations comparable to the rights enjoyed by EU citizens, and the obligations imposed on them; iii) the status of long-term residence granted to LTRs by the Directive is far from EU citizenship. Thus, the LTR Directive is not capable of achieving the main objectives of the Tampere Programme with regards to LTRs. In this thesis, it will also be illustrated that approximating the rights and status of LTRs to EU citizens will i) enhance the integration of LTRs into the EU’s society; ii) contribute to the effective attainment of the EU’s internal market objectives; iii) improve the EU’s democratic legitimacy.