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10. Internal Market: Persons

Robert Schütze

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Abstract

This chapter highlights the complex constitutional arrangements governing the free movement of persons. The EU Treaties distinguished between two classes of economic migrants, namely, employed and self-employed persons; and today’s Treaty title dealing with persons still addresses ‘Workers’ and the ‘Right of Establishment’ in two separate chapters. With the 1992 Maastricht Treaty, the two special chapters on persons were complemented by the general rules on EU citizenship. Unsurprisingly, there has been a complex relationship between the two specific sources of free movement rights and the EU citizenship provisions. Their symbiotic relationship is particularly embodied in the ‘Citizenship Directive’. The chapter finally also considers the possible justifications for Member State restrictions on the free movement of persons.

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What this paper is about

This chapter highlights the complex constitutional arrangements governing the free movement of persons. The EU Treaties distinguished between two classes of economic migrants, namely, employed and self-employed persons; and today’s Treaty title dealing with persons still addresses ‘Workers’ and the ‘Right of Establishment’ in two separate chapters. With the 1992 Maastricht Treaty, the two special chapters on persons were complemented by the general rules on EU citizenship. Unsurprisingly, there has been a complex relationship between the two specific sources of free movement rights and the EU citizenship provisions. Their symbiotic relationship is particularly embodied in the ‘Citizenship Directive’. The chapter finally also considers the possible justifications for Member State restrictions on the free movement of persons.

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Available abstract

This chapter highlights the complex constitutional arrangements governing the free movement of persons. The EU Treaties distinguished between two classes of economic migrants, namely, employed and self-employed persons; and today’s Treaty title dealing with persons still addresses ‘Workers’ and the ‘Right of Establishment’ in two separate chapters. With the 1992 Maastricht Treaty, the two special chapters on persons were complemented by the general rules on EU citizenship. Unsurprisingly, there has been a complex relationship between the two specific sources of free movement rights and the EU citizenship provisions. Their symbiotic relationship is particularly embodied in the ‘Citizenship Directive’. The chapter finally also considers the possible justifications for Member State restrictions on the free movement of persons.

Key concepts: Citizenship, Treaty, Maastricht Treaty, Free movement, Directive, Member state, Political science, State (computer science)

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