ABSTRACT

Introduction Free movement of persons within the Union is a key aim of the Treaties and one of the four essential freedoms of the EU internal market as evidenced by Article 3 TOTEU. However, this area has also given rise to concern by Member States who fear that they have lost control of their borders and have little say over who enters and leaves. This tension is refl ected in the EU law itself which seeks to broadly state the rights of both citizens and Member States to achieve a balance between free movement and on the one hand and Member State limitations on the other.