Freedom of movement

5 important questions on Freedom of movement

What is the legal framework of freedom of movement?

  • Art. 20(1) TFEU
  • Art. 21(1) TFEU

Direct effect of freedom of movement?

  • Unconditional
  • Sufficiently precise
  • Conferral of rights

Move and stay without economic activity?

  • Pre-Union citizenship: subject to condition of carrying out economic activity
  • Directive 2004/38/EC:
Art. 6: right of residence up to three months
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What falls under term 'spouse' according to ECJ case Coman?

  • Art. 2(2) Dir/2004/38/EC
  • Art 3(1) Dir/2004/38/EC
  • ECJ Case Coman: term 'spouse' refers to a person joined to another person by the bonds of marriage. Term 'spouse' is gender-neutral and may therefore cover same-sex spouse of Union citizen.

Restriction of marriage justified?

ECJ Case Coman: MS obliged to recognize such marriages conducted in another MS, for sole purpose of enabling such persons rights they enjoy under EU law. Not justified by national identity or public policy (not undermined).

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