The Roma and European Union citizenship: in search of a humane answer from the EU

The expulsion of large numbers of Roma individuals from France since 2009 has raised considerable debate in the context of EU law and policy. This was, however, accompanied by other discriminatory practices and forms of hostility, exclusion and violence against the Roma, such as finger-printing in Italy and educational segregation in the Czech Republic. A comprehensive approach and strong action by the EU against these practices was defended, which led to the Commission communication on the EU Framework on National Roma Integration Strategies (2011), a non-binding Parliament resolution (2013) and the Council recommendation on effective Roma integration measures in the member states (2013). Such comprehensive approach may be in many respects appropriate, but the danger is to neglect the true relevance of concrete, enforceable and ‘hard law’ measures. This chapter thus explores the legal adequacy of EU action with regard to the Roma minority, particularly from free movement and EU citizenship perspectives. The scope for derogations from free movement and from the rights associated with EU citizenship are the centre pieces of this analysis, which critically analyses specific EU Member States’ restrictions on the free movement of the Roma minority and the EU response in this and other relevant aspects.