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Free Movement of People

What mean’s Free Movement of People

The “free movement of people” is a fundamental right that allows any individual to move freely, reside, and work without major restrictions within a territory. Each person also has the right to leave any country, including their own, and return at any time. This right is established by national constitutions and directives from international treaties, such as human rights laws.

In this sense, the free movement of people also implies the free movement of goods, services, workers, and capital. This means that citizens can accept employment, establish businesses, offer services, and move capital without significant legal obstacles within a given territory. This freedom supports an integrated internal market and contributes to economic growth and social cohesion.

The free movement of people can occur within a geographical area such as that of the European Union. In implementing this right, the member states of this union rely on Directive 2004/38/EC of the European Parliament and of the Council, adopted in April 2004. This legal text aims to facilitate economic, social, and cultural integration within the EU.

The free movement of people is a key element of European citizenship. It grants EU citizens and their families the right to move, reside, and establish themselves freely within the member states. In the eyes of the EU, failure to respect this right constitutes a violation of a fundamental right. In cases of abusive restriction, victims can seek recourse before the Court of Justice of the European Union.

While the free movement of people is a fundamental right, there are certain permissible restrictions. This right can be limited for reasons of public security, public order, or public health. Foreigners often need visas to enter and reside in a country. Prisoners are deprived of their freedom of movement during incarceration. Finally, border controls can be temporarily reinstated in times of crisis, such as terrorist attacks or pandemics.

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