Justified exceptions to free movement of persons in the EU

Abstract

This dissertation analyses justified exemptions which limit the Freedom of Movement of Persons under European Union law. The freedom of movement of persons in the EU and hence, its Internal Market, is one of the four fundamental freedoms. These are guaranteed by the treaty and normally do not allow for restrictions, unless in exceptional circumstances. This dissertation presents a detailed insight in order to analyse the scope of the freedom of movement of persons applicability and hence how necessary exceptions imposed on exercising the freedom fall under it. The desired outcome is to determine the content of the legal grounds which Member States rely on when the need arises to justifiably restrict the freedom. The desired outcome is also ought to support the balancing act between justified exceptions necessary to ensure overall fair protection of the Union´s citizens, but also preventing any unjustified exceptions which would inhibit proper functioning of the Internal Market. Firstly, the desired outcome will be achieved by discussing the main primary sources of EU law allowing for justified exceptions under the EU Treaties. Secondly, analysed will be the Citizens’ Rights Directive (Directive 2004/38/EC) and its notions of public policy, public security, and public health which are three grounds for justified exceptions. Lastly analysed are important decisions of the Court of Justice of the European Union, which also elaborate on instances when the expulsion measure would be a necessary result of justifiably imposed exceptions to the free movement of persons. Finally, the conclusive remarks of this dissertation are dedicated to principles of proportionality, non-discrimination, respect for human rights and EU practices. These principles prohibit automatic imposition of limitations to the freedom. Ultimately the principles are important in how allowing justified exceptions evolved without inhibiting proper functioning of the Internal Market of the EU.