Running Head: EU

European Union (EU) Main Freedoms and their Exception

[Name of the Student]

[Name of the Institute]

 EU 2

Table of Contents

1. INTRODUCTION...................................................................................................................3
1.1 Background.......................................................................................................................3
1.2 Research Aim and Objectives...........................................................................................3
1.3 Scope.................................................................................................................................3
2. EUROPEAN CITIZENSHIP...................................................................................................4
2.1 Free Movement Law..............................................................................................................4
2.1.1 Free Movement of People...............................................................................................4
2.1.2 Free Movement of Goods...............................................................................................4
2.1.3 Free Movement of Capital and Payments.......................................................................5
2.1.4 Free Movement of Services............................................................................................5
2.2 Exceptions Under Freedom Law.......................................................................................5
3. CONCLUSION AND RECOMMENDATION......................................................................5
Bibliography....................................................................................................................................6
 EU 3

European Union (EU) Main Freedoms and their Exception

1. INTRODUCTION

1.1 Background

The European Union (EU) has been established on the foundation of human values of

equality, dignity, solidarity, and most importantly freedom.1 EU is the framework of the rule of

law and the democracy principles. It provides EU citizenship to the people, considering their

justice, security, and freedom.2 This section will provide a clear background on the EU to

highlight the importance of this research.

1.2 Research Aim and Objectives

The main aim of this research is to assess the main areas of freedoms in the EU as well as the

determined exceptions. The determined objectives of this research are;

 To explore the freedom concept and the freedom areas in the EU

 To explore the exceptions determined in the freedom areas provided by the EU

1.3 Scope

The research will be significant in providing a broad knowledge about the European Union

(EU) and the areas of their freedoms and exceptions. In this section, the rationale and scope of

the conducted research will be highlighted.

1
Junevičius and Daugėlienė (2016), pp.48-68
2
Guild, et al. (2016), pp. 53-70
 EU 4

2. EUROPEAN CITIZENSHIP

There are 28 member states in the European Union s (EU) and each local is considered as

the EU citizen. However, gaining EU citizenship does not entail that the individual is not the

national citizen of the State. This is because to gain EU citizenship, the individual must have

national citizenship of the Member State. Such citizenship provides additional rights to the

people.3

2.1 Free Movement Law

Under the Free Movement Law, the citizen of any EU Member State has the right to apply

for employment in other Member State without any discrimination on nationality. In the case of

“Commission v Belgium”, the Court claimed that regardless of the exceptions in the freedom

rights and law, the ban of non- member EU State in public employment is considered unlawful.4

2.1.1 Free Movement of People

Based on “Free Movement of People”, the EU citizens have the freedome to take

employment, education, retirement, and get settled in any other Member States with the

prohibition of any discrimination.5

2.1.2 Free Movement of Goods

Under the Article 28-30 of “Treaty on the Functioning of the EU (TFEU)”, the “Free

Movement of Goods” provides the market of the Member States access to the producers and

consumers’ goods.6
3
Koutrakos (2016)
4
Belgium v. Commission, (2016)
5
Barbulescu and Favell (2019)
6
Guild, et al. (2016), pp. 53-70
 EU 5

2.1.3 Free Movement of Capital and Payments

This is the recent and broadest of the all the four freedoms under the rights provided to

the EU citizenship. It removes any limitation on “cross-border” transaction of capital including

currency purchase, loans and shares, financial assets, etc.7

2.1.4 Free Movement of Services

Under TFEU (Article 57), services are the remuneration activities governed unrelated to

other freedom movements. This freedom law allows the “cross-border” division of services,

however the service providers must remain in their national country.

2.2 Exceptions Under Freedom Law

There are some exceptions determined under the TFEU whilst providing freedom rights to

the citizen. One of these exceptions excludes the activities related to authority exercise from the

“freedom of services”, as mentioned in the Article 51 of TFEU.8 Additionally, it also excludes

entire profession from the freedom rights if the activities are associated with official and public

authority.9

3. CONCLUSION AND RECOMMENDATION

EU has provided some essential rights and freedom under the movement law to establish

good relationship amongst the Member States. However, exercises authority is one of the

exception which is prohibited by the EU. Moreover, recommendation will be provided on what

could be improved and suggested on the current topic.

7
Junevičius and Daugėlienė (2016), pp.48-68
8
Koutrakos (2016)
9
Valcke (2019), p. 289-312
EU 6
 EU 7

Bibliography

Case Law

Belgium v. Commission, 2016 E.C.L.I. 489 (2016).

Journal Articles

Barbulescu, R., and Favell, A. (2019). A citizenship without social rights? EU freedom of

movement and changing access to social rights. International Migration.

Guild, E., Carrera, S. and Balzacq, T. (2016): The changing dynamics of security in an enlarged

European Union

Junevičius, A. and Daugėlienė, R. (2016): restrictions on European union citizens’ freedom of

Movement and residence in the country on Grounds of public policy, public Security and

public Health. Baltic Journal of European Studies, 6(1), pp.48-68.

Koutrakos, P. (2016). Public security exceptions and EU free movement law

Valcke, A. (2019). EU Citizens’ Rights in Practice: Exploring the Implementation Gap in Free

Movement Law. European Journal of Migration and Law, 21(3), 289-312.