Free Movement Of Person in EU ( EU LAW ) Essay Example | Topics and Well Written Essays - 5000 words

Free Movement Of Person in EU ( EU LAW ) - Essay Examplecle 45 of the conformity on the Functioning of the European Union (TFEU) deals with free course of workers this freedom of movement and vestibule is also available to the nationals of third countries as envisaged by the accord establishing European Community. It is the fundamental right of any one who is legally present in a State to move within the State and the right of residence in that State is but a logical extension of right of movement. The issue sought to be reviewed in this paper is whether the current liberal expressive style of right of freedom of movement can be reversed in the near future.The EU law on free movement of persons and allied rights which had been upset on the various treaty provisions, secondary legislations was only recently consolidated into one Act. The European Court of Justice (ECJ) had always felt that rules regarding the free movement of persons in the EU had been narrowly drafted giving no room for the increasing demands of the enlarging Union. The ECJ in its judicial activism reflecting the EUs objective of ensuring full mobility of persons has at time given decisions contradicting the treaty provisions. Originally, the ECJ had been concentrating on the narrow area of right of workers in regard to freedom of movement. After the introduction citizenship rights in the Union, the court is broadening its start out in safeguarding the rights of free movement of citizens thus resulting in land mark decisions relating to students rights, job-seekers and non-union family members. This culminated into the promulgation of Community directive 2004/381 which incorporated some of the important decisions of the ECJ in this area. To portend the trend of continuation of these rights, historical background and legal framework in this regards have to be reviewed.Article 2 of the EC envisages that the community should promote sparing activities, a high level of employment and socia l protection, enhancing the standard of living and quality of