This lesson gives an overview of the principles and conditions of the freedom of movement of persons within the area of the Union. Namely, the following sub-topics are discussed: freedom of movement for workers, freedom to provide services, freedom of establishment, general freedom of movement. Then, the derived freedom of movement for family members from outside the EU is also explained. Before concluding this lesson you can take a self-test to check your knowledge. Finally, a document attached to this lesson summarises the conditions and restrictions concerning the entry and stay of Union citizens and their family members. Note: Copyright holder of the images used in this lesson is European Communities.
After completing this lesson you will be able to recall the core conditions for the free movement of persons within the EU as well as explain who enjoy the derived freedom of movement.
Citizens of the EU are granted free movement
within the territory of the MS. EU citizens have
the right of entry and residence in any
other MS without special formalities. Granted as
a primary law by the TEC, the right is
directly applicable. This common law
privilege does not exist in the home country but
after crossing the border into another EU
country.
Freedom of movement,
according to EU legislation, is granted e.g. for
a Spanish citizen in Italy, but not in Spain. An
Italian citizen is granted the same right in
Spain, but not in Italy. Freedom of movement in
the home country is usually guaranteed by
national legislation.
- Freedom of movement for workers
- Freedom to provide services
- Freedom of establishment
- General freedom of movement
Freedom of movement for workers shall be secured within the Community. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
The freedom of movement for workers concerns basically the right to reside in the employment country and to take up relevant employment. An employee is defined as a person who works for a certain period of time for another person in return for financial or other compensation.
The Bulgarian citizens do not need a visa or Romanian residence permit or work permit. Their right to stay is granted by EU legislation. They are not subject to any restrictions that do not apply to their Romanian colleagues.
Example: Border area in Romania (click
the light bulb to view example)
[...] Restrictions on freedom to provide services within the Community shall be prohibited in respect of nationals of Member States who are established in a State of the Community other than that of the person for whom the services are intended.
The freedom to provide services is in the
interest of persons who temporarily provide
or receive cross-border services within the
EU territory without settling down. Such
services are industrial, commercial, technical
and self-employed work. One has to distinguish
between the service provider and the recipient.
This situation falls under the right of freedom to provide services and no special residence or work permit is required.
Example: Service provider
At the entry border control point of Bucharest airport, a Romanian officer checks a Danish citizen. The Dane has been in Serbia for business reasons and now wants to visit the Carpathians for a week as a tourist.
As an EU citizen, the Dane is granted freedom to receive services. These include the right for entry and stay in Romania.
Example: Service recipient
[...] Restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State.
The freedom of establishment grants EU citizens the right to take up and pursue activities as self-employed persons according the regulations of the other MS and to set up and manage undertakings, in particular companies and firms. Self-employment can be distinguished from employee work due to self-determination and entrepreneurial risk.
Example: Car manufacturing in Slovakia
Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect.
Here, "movement" implies an EU citizen staying or residing in another MS without special reasons. In particular, this stay is not meant to be in combination with employment. The prerequisite, therefore, is that the EU citizen has enough monetary means to pay for his/her stay, and an insurance that guarantees no claims for social welfare in the other MS.
Example: A Briton staying in Spain
EU citizens' family members who are not from an
EU MS (aliens) are also entitled to claim the
freedom of movement. Their right of freedom
of movement is not an original right but a
derived one.
Firstly, the EU citizen
has to be entitled to claim the freedom of
movement and has to make use of that right. That
means that they have to travel from their home
country to another EU MS or reside there. The
family members may only claim the right
(derived) of freedom of movement if they
travel together with the Union citizen
or follow the Union citizen with the
intention to visit him/her.
- spouse;
- registered partner, if the legislation of the host MS treats registered partnerships as equivalent to marriage;
- direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined above;
- dependent direct relatives in the ascending line and those of the spouse or partner.
All four enjoy the right of freedom of movement.
Example: A Hungarian-Croatian family
Test your knowledge by answering some questions to complete this lesson.
In connection with the rights of freedom of movement, the judgements of the European Court of Justice and special regulations for some countries regarding the enlargement of the EU in 2004 and 2007 have to be taken into account as well.
You have completed this learning object.
You have completed this learning object.
Please click on the button to close this window.