EU Citizenship, Principle of the Free Movement and Directive 2004/38

Abstract

European Union (EU) citizenship and EU free movement law has received great impetus with the introduction of the Treaty of Maastricht. The Treaty on the European Union (TFEU) introduced the concept of European Union citizenship and several fundamental rights were granted to citizens of Member States under the TFEU. Article 21 of TFEU provides that subject to certain conditions, every citizen of the Union shall have right to reside and freely move within Member States. This provision has been enumerated as right to freedom of movement and right to residence under the Citizenship (Free Movement) Directive 2004/38/EC. This Directive is primarily implemented in the UK by the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003). The Directive 2004/38/EC was introduced in 2004 to bring along certain rights that would be enjoyed by citizens of Member States of the European Union. However, the concept has been interpreted liberally over the years by the Court of Justice (CJ) to expand the application of the said law by giving special consideration to workers and citizens who are self employed.Recent case laws and interpretation of Directive 2004/38/EC has created an open space for discussion regarding whether all citizens enjoy equal rights or whether particular citizens are favoured over others when it comes to residence rights in Member States. Freedom of movement of persons is unlimited under the Directive but there are several restrictions within the Directive which has to be interpreted judiciously by the CJ.