Chapter 5 Spanish Experiences with the Mobility of EU/EEA Citizens and Their Family Members: Opening the “Black Box”?

Abstract

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More than sixty years ago, the European Union (formerly the eec) introduced a new vision of how to understand the differences in culture, political and eco- nomic realities at the national level which included the realization of one of the most important liberties for citizens: the free movement of persons.1 The way to guarantee this freedom, in political and legal terms, has not been an easy accomplishment. In fact, several steps were taken under the methodo- logical approach of “Monetian” functionalism in adopting Regulation 1612/68 (now Regulation 492/2011) followed by the implementation of the reforms in- troduced by the Maastricht Treaty (1992) of the EU concept of citizenship, as the corollary of a new political category reinforcing the rights derived from the nationality of a Member State. The last success in the search for securing effec- tive freedom of movement of EU citizens inside the EU was the approval of Directive 2004/38. As usual in this integration process, the struggle between EU interests and national interests has been a constant ground of dispute in juridical and judicial terms