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Publishers Abstract:
On 25 November 2003, Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents was adopted (the Long-term Residents Directive). It entered into force on the day of its publication and requires transposition by 23 January 2006. This article discusses the place third-country nationals occupy in the EC legal constellation. Case law and treaty modifications have now confirmed that, conceptually, questions regarding the mobility of third-country nationals fall under a policy framework which is distinct from the EC law acquis on free movement of workers. Measures pertaining to the mobility of third-country nationals have a different legal basis in the EC Treaty, follow different legislative procedures and - unlike for EU nationals - do not fall within the Community's sole competence. Further, measures relating to the status and mobility of third-country nationals are arguably heavily coloured by Member States' national immigration rules.
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