Which is the legal basis?

The free movement in the EU was established by the Treaty of Rome and is applied in four domains: free movement of persons, goods, services, payment and capital. All these fundamental freedoms form the Internal Market of the European Union.

Which is the purpose of the Internal Market of the European Union?

The internal market of the European Union is an unique market, in which free movements is ensured and in whose territory European citizens are free to live, work, study and do business.

Since 1993, the single market has become more open to the competitive environment, created new jobs and reduced many trade barriers.

What is the right to free movement of persons in the European Union?

The right of free movement is part of the benefits granted to citizens of the states members of the European Union. It implies that EU citizens have the right to travel and reside freely within the territory of the EU States, subject to the limitations and conditions established in the Treaties and the measures taken to implement them.

The concept of European citizenship was established by the Maastricht Treaty (1992) and presumes that any person who has the citizenship of a state member of the European Union is also an EU citizen (Article 320 of the Treaty on the functioning of the European Union).

The right of free movement applies to EU citizens and their family members.

What are the benefits of the free movement of goods?

In the context of the free movement of goods, no import or export restrictions will be applied to their borders, nor will customs duties or other charges having equivalent effect be applied to them.

Thus, article 30 TFEU prohibits the application of customs duties on imports and exports or charges having equivalent effect between Member States.

The current situation

The establishment of the internal market has led to the creation of the Schengen area, which includes 26 countries. Bulgaria, Romania and Cyprus are due to join, although there is no final date for the finalization of the proceedings.

Adelina-Georgiana Moisă

Legal Intern at R&R Partners Bucharest


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