Report on Freedom of Movement and Related Rights
In August 2018, FRA published a report providing insight into how national courts approach the provisions relating to Union citizenship and freedom of movement. The report offers an EU-wide, comparative overview of the application of the Free Movement Directive (2004/38/EC) across all EU Member States, based on a review of select case law at the national level.
As identified by the report, challenges to the fulfilment of the right to move and reside freely within the territory of the EU include difficulties in identifying relevant case law in several Member States. This makes it difficult to analyse trends and progress made. Furthermore, the report sees the need for more guidance regarding the legal interpretation of Directive 2004/38/EC, e.g., in the form of a handbook on the jurisprudence of the CJEU, in order to guarantee a more coherent and correct application of the Directive by the Member States’ national courts. The report finds discrimination on the grounds of nationality a potential obstacle to free movement. Lastly, the report sees a need to promote the participation of Union citizens in European, regional, and municipal elections.