Challenges of the Knowledge Society (Apr 2011)
FREE MOVEMENT OF EU CITIZENS: LIMITATIONS ON GROUNDS OF PUBLIC POLICY, PUBLIC SECURITY AND PUBLIC HEALTH
Abstract
Free movement of persons represents one of the four essential freedoms of the internal market. At the beginning the rights attached to this freedom were granted only to economically active persons. Nowadays, according to Article 21 of the Treaty on the Functioning of the European Union (former Article 18 of the Treaty establishing the European Community), all Union citizens are entitled to move and reside freely within the territory of the Member States “subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect”. The purpose of this study is to analyze the distinct category of limitations on the free movement of persons based on grounds of public policy, public security or public health. The main objectives pursued to this end consist of outlining the legal basis for these derogations, including primary and secondary legislation of the European Union, describing the circumstances in which Member States may legitimately impose restrictions on free movement rights, as well as presenting the safeguards provided for individuals when such measures are taken against them. In order to achieve the above mentioned aim the important role of European Court of Justice’s case-law will be considered, emphasizing the fact that most of the principles held in its decisions concerning this topic are presently incorporated in the secondary legislation in force.
