ABSTRACT
A. Article 21(1) TFEU guarantees EU citizens and their families the right to move freely and reside within the territory of the Member States provided they are engaged in the internal market economic activity and/or are financially self-sufficient. The ECJ has broadly interpreted Article 18(1) EC [Article 21(1) TFEU] to the extent that it is now first, directly effective and second, a source of free-standing (though somewhat limited) rights that can be relied upon by EU citizens because they are EU citizens. Directive 2004/38, which entered into force on 30 April 2006, constitutes a response to problems encountered by EU citizens wishing to exercise the rights guaranteed under Article 21(1) TFEU. It comprehensively deals with the scope of these rights, describes administrative procedures relating to obtaining residence documents in a host Member State and defines the rights of family members of EU citizens.
