Right of Exit and Entry

Abstract

This chapter examines the right of exit and entry provided for in the citizens’ Directive. Articles 4 and 5 of Directive 2004/38 affirm the right of Union citizens and members of their family to leave their Member State of origin and to enter any other Member State of their choosing. As such, these Articles constitute a ‘gateway’ for the exercise of rights of residence and rights of permanent residence provided for in the Directive. In addition to affirming the right of free movement, Articles 4 and 5 specify the administrative documentation and procedures governing travel between Member States. However, there have been significant failures to transpose these provisions correctly, with some Member States imposing exit controls on their own citizens, while some Member States blatantly ignore the clear legal requirements of the Directive.