Member States' Sovereignty and Freedom of Movement of Union Citizens

Freedom of movement of persons in the EU has considerably developed since the recognition of freedom of movement of workers in the EEC treaty. It has been enlarged to all Union citizens, economically active and inactive; it has benefited from the adoption of the Schengen agreement; it has been recognized as a fundamental right and a cornerstone of EU integration. Nevertheless, this freedom is not unconditional as it is submitted to the respect of sovereign national interests such as public policy, public security and public health. Member States are also allowed to restrict freedom of movement of economically inactive Union citizens who would become unreasonable burdens for their social assistance system or would abuse their rights. Despite these existing national safeguards, some Member States are questioning positive assets of this fundamental right, especially after the enlargement to economically poorest Member States and the occurrence of the economic crisis. The paper will address challenges between states' sovereignty and freedom of movement.