The 'free' movement of Roma in the EU: from the presumption of the fundamental right to housing to forced evictions and expulsion

• Author: C. Coman/C.-I. Rezeanu
• Position: Transilvania University of Brasov/University of Bucharest
• Pages: 81-90

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 9 (58) No. 2 - 2016

THE “FREE” MOVEMENT OF ROMA IN

THE EU: FROM THE PRESUMPTION OF

THE FUNDAMENTAL RIGHT TO

HOUSING TO FORCED EVICTIONS

AND EXPULSION

C. COMAN1 C.-I. REZEANU2

Abstract: The aim of this article is to highlight the contradiction between

the EU principles ensuring the right of free movement and residence with EU

and the legislative frameworks and measures ratified at national level by the

member states for managing the inflow of Roma migrants. The first part of

the article will underline how the main EU conventions, agreements, and

treaties stipulate the right to free movement, residence, and housing of the

member state citizens, regardless of their ethnic affiliation, within the EU.

The second part will present a synthesis of the housing condition patterns of

the Roma from Romania, who migrated to Italy, France, Spain, and United

Kingdom, as revealed by the reports of recent researches. In the final section,

the article brings a series of measures drawn from recent studies and

programs, which might help mitigate these discrepancies.

Key words: quality of housing, housing rights, forced evictions, Roma,

migration.

1. Introduction

Roma are the largest ethnic minority in Europe, with a population of over 10 million

people. At the 2011 census in Romania, only 620,000 people identified themselves as

Roma, although it is estimated that their number reaches about 2 million people,

constituting the largest Roma community in Europe. In addition, the declared intention of

Roma from Romania to migrate abroad in the future was about 18% in 2012 (Cherkezova

& Tomova, 2013). This intent varies from one country to another, being stronger in Roma

people from countries with a tradition of migration and lower level of welfare, such as

Serbia, Albania, and Bosnia and Herzegovina. The favourite destination countries of Roma

are, in order: Germany, Italy and United Kingdom (Roma from Romania preferring rather

Spain and Italy). The hierarchy of reasons to migrate is not different for Roma or non-

Roma, as the top three places are: higher chance of finding a job, higher salary or better

working conditions, and better living conditions (social, political, health system). However,

1 Transilvania University of Braşov, claudiu.coman@unitbv.ro

2 University of Bucharest, rezeanucatalina@gmail.com