Freedom Of Movement Agreement

A Member State may restrict free movement for the following reasons: during the COVID-19 pandemic of 2020, many governments around the world introduced restrictions on free movement. In order to consolidate different legislations (including those mentioned above) and to take into account the scope of the case-law on free movement, a new comprehensive Directive was adopted in 2004, Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. The Directive aims to encourage EU citizens to exercise their right to freedom of movement and residence in the Member States, to limit administrative formalities to the essentials, to allow a better definition of the status of family members and to limit the margin of manoeuvre to refuse entry or terminate the right of residence. Under Directive 2004/38/EC, family members include the spouse (same sex as specified by the Court of Justice of the European Union in its Coman judgment, C-673/16); the registered partner, where the legislation of the host Member State treats registered partnerships as marriage; direct descendants under the age of 21 or in need of a pension, as well as those of the spouse or registered partner; and dependent direct ascendants and those of the spouse or registered partner[1]. The free movement of workers is a political chapter of the European Union`s acquis communautaire. The free movement of workers means that nationals of a Member State of the European Union may start working in another Member State under the same conditions as nationals of that Member State. In particular, no discrimination on grounds of nationality is permitted. It is part of the free movement of persons and is one of the four economic freedoms: free movement of goods, services, labour and capital. Article 45 TFEU (ex 39 and 48) provides that, according to Article 31 of the Hong Kong Basic Law, “Hong Kong residents shall have freedom of movement within the Hong Kong Special Administrative Area and freedom of immigration to other countries and regions. They have the freedom to move and enter or leave the area. Unless otherwise limited by law, holders of valid travel documents are free to leave the region without special permission. In order to transform the Community into an area of real freedom and mobility for all its citizens, Directives were adopted in 1990 to grant the right of residence to persons other than workers: Council Directive 90/365/EEC on the right of residence of employed and self-employed persons who have ceased their professional activities; Council Directive 90/366/EEC on the right of residence of students; and Council Directive 90/364/EEC on the right of residence (for nationals of Member States who do not enjoy that right under other provisions of Community law and for their family members). .