How fundamental is the right of free movement of persons within the European Union?

Research output: Contribution to conferenceAbstractpeer-review

Abstract

The right of free movement of persons, labelled as one of the fundamental rights of people, is stipulated by international and European law and guaranteed to everyone. Within the European Union, this right unfolded as an economic instrument and a human right, in close connection with the consolidation of the European project.
At present, the free movement of persons stands as one of the pillars on which the European common market is founded, as well as a great achievement as a human right conferred by the European treaties to European citizens. The present paper argues that the dual character acquired by the free movement of persons hinders the understanding of the right of free movement of persons as a fundamental human right of European citizens and creates controversies when
examining the protection of the free movement of persons as a fundamental human right within the European Union. Reconciling the antagonism between the economic and non-economic aspects of the free movement of persons will benefit the attempt to harmonize the free movement of persons with the characteristic of a fundamental human right within the European Union.
This paper explores the development of the free movement of persons following a historical perspective along the consolidation of the European project and considering a “right-holder” approach. The latter will help depart from the economic integration rationale which predominates the understanding of this right and assess the free movement of persons close to the idea of
fundamental human rights within the European Union. The outcome of this assessment is to identify both the weak and strong aspects in settling the fundamental character of the right of free movement of persons within the European Union.
Original languageEnglish
Publication statusAccepted/In press - 2023
EventThe Idea of Person – Between Being and Becoming - School of Arts and Humanities, University of Lisbon, Lisbon, Portugal
Duration: 3 Apr 20235 Apr 2023

Conference

ConferenceThe Idea of Person – Between Being and Becoming
Country/TerritoryPortugal
CityLisbon
Period3/04/235/04/23

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