15. Free Movement of Persons

Abstract

This chapter evaluates the sources of movement rights for persons, as well as the horizontal connections between them. It analyses the special free movement rights for economically active persons; that is, workers and self-employed professionals. Importantly, the freedom of establishment here also covers companies. The chapter then specifically looks at the free movement rights of companies (and their subsidiaries). It also introduces the horizontal provisions on EU citizenship and their relationship to the special movement rights for workers and the self-employed. Finally, the chapter considers the horizontal rules that govern the various justifications for national restrictions on the free movement of persons. In addition to the ordinary public policy justifications, the main derogation here is a public service exception that allows Member States to restrict access to professions that are linked to the exercise of public authority.