The Notions of ‘Restriction’ and ‘Discrimination’ in the Context of the Free Movement of Persons Provisions: From a Relationship of Interdependence to one of (Almost Complete) Independence

Summary:

This article discusses the free movement of people. In recent years, a tendency to adopt a common interpretation across the freedoms can be discerned, this arguably implying a determination to embrace a position of convergence in their scope of application. This article will seek to analyse how the meaning of the notions of ‘restriction’ and ‘discrimination’ in EU free movement law has developed through the years, and to explore how the relationship between them has evolved; it will focus on the analysis of the above issues in the specific context of the law governing the free movement of persons, as this has developed through the Court’s jurisprudence.

The article aims at establishing what has been the Court’s approach to these issues to this day. To be able to uncover what the exact rights are which are granted by the free movement provisions to Union citizens and what is the rationale behind their bestowal.