Developing an Ever Closer Union between the Peoples of Europe? A Reappraisal of the Case Law of the Court of Justice on the Free Movement of Persons and EU Citizenship

Summary:

The purpose of this article is to explore the relationship between the Court’s case law on the original provisions of the European Economic Community (EEC) Treaty on the free movement of persons and secondary legislation adopted thereunder and its more recent judicial output on European Union (EU) citizenship.

Following a review of the foundations of the Court’s case law on the free movement of persons and, specifically, of workers, the article considers whether a degree of cross-pollenisation is occurring in the case law concerning these two distinct but related fields. The article explores, in particular, whether principles developed by the Court specifically with reference to EU citizenship are feeding back into the case law on the free movement of persons.

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