Making EU citizens’ rights a reality: national courts enforcing freedom of movement and related rights

The founding treaties, the EU Charter of Fundamental Rights and secondary EU law all provide for EU citizens’ freedom to move and reside freely in any EU country of their choice. Growing numbers of citizens, and their family members, are making use of this freedom and related rights, such as the right not to be discriminated against based on nationality and the right to vote in certain elections in the host Member State. But making these rights a reality remains a challenge. This report presents an EU-wide, comparative overview of the application of the Free Movement Directive (2004/38/EC) across the 28 Member States based on a review of select case law at national level.

Providing insight into how national courts approach the provisions relating to Union citizenship and freedom of movement, it highlights the importance of their proper interpretation and their impact on vital areas of life for EU citizens and their families.