The Material Scope of the Freedom of Movement of Persons in the European Union

The study discusses the development of the material scope of the freedom of movement of persons in the EU, which is analyzed on the basis of the EU laws and regulations. Special attention is paid to the Court of Justice of EU case-law. A broad perspective on the rights issuing from the freedom of movement is presented. However, the varied character of these rights and lack of coherence between different legal acts and instruments complicates the application of the freedom of movement principle in the EU Member States. Moreover, the EU Member States put into force different obstacles and restrictions in the access to social security schemes and benefits. This problem is addressed by the Court of Justice of EU in numerous legal judgments, where the broad understanding of the freedom of movement is supported.   

The study discusses the development of the material scope of the freedom of movement of persons in the EU, which is analyzed on the basis of the EU laws and regulations. Special attention is paid to the Court of Justice of EU case-law. A broad perspective on the rights issuing from the freedom of movement is presented. However, the varied character of these rights and lack of coherence between different legal acts and instruments complicates the application of the freedom of movement principle in the EU Member States. Moreover, the EU Member States put into force different obstacles and restrictions in the access to social security schemes and benefits. This problem is addressed by the Court of Justice of EU in numerous legal judgments, where the broad understanding of the freedom of movement is supported.