General Considerations Regarding the Restrictions, Exemptions and Limitations on the Right of Free Movement of Persons

• Author: Vasilica Negrut
• Position: Professor, PhD, Dean of Faculty of Law, 'Danubius' University of Galati
• Pages: 5-13

JURIDICA

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General Considerations Regarding the

Restrictions, Exemptions and Limitations

on the Right of Free Movement of Persons

Vasilica NEGRU

1

Abstract: T his paper a ddresses a c urrent problem, not only f or the legal research, but also for the

practical activity. Through this stud y we resume a subject that was analyzed by other authors as well,

however, we highlighted, based on the analysis and observation, certain features on the free

movement of persons. In the current context of globalization, the free movement of persons has new

nuances. Based on the historical perspective of the approach of this principle, we examined the

restrictions, exceptions and limitations on free movement of persons. From the analysis of the

European legislation and jur isprudence it results that the exceptions on the free movement of persons

must be interpreted strictly, the limits and the purpose of the restrictions being consistent with the

general principles of European Union law (non-dis crimination principle, proportiona lity and

fundamental rights protection).

Keywords: free movement of persons; restrictions; limitations; rights

1. Introduction

Initially, the free movement was linked to the concept of workers, what the

German doctrine called “marktburger” when describing the status of workers in

European law, that is the person is economically active, exercising cross-border

economic activities (tefan & Andrean-Grigoriu, 2007, p. 383). When it was

established the EEC Treaty, the freedom of movement of persons was not designed

as a right of the Member States citizens to move anywhere in the Community, for

any purpose.

1

Professor, PhD, Dean of Faculty of Law, “Danubius” University of Galati, 3 Galati Boulevard,

800654 Galati, Romania. Tel.: +40.372.361.102, fax: +40. 372.361.290. Corresponding author:

vasilicanegrut@univ-danubius. ro.

AUDJ, vol. 9, no. 2/2013, pp. 5-13