Free movement of persons (FMOP) as one of the four fundamental freedoms constitutes a fundamental right conferred on EU citizens by the Treaties. This principle is the cornerstone of European integration and represents an enormous enrichment of personal freedoms of citizens and societies. In addition, the free movement of persons is seen as one of those rights that EU citizens value most. EU citizenship confers on every EU citizen the right of free movement and residence within the territory of Member States. Every EU citizen therefore is entitled to travel within the EU and live, study, work and set up a business in another Member State. The EU’s objective is that the principle of free movement of persons functions in a simple and effective manner on its territory.

The rules implementing free movement of persons are regulated by Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (...).

It should be pointed out that the right to move and reside freely is automatically granted to the family members of a EU citizen who do not have EU citizenship, irrespective of their nationality. The Directive also lays down the conditions for retention of the right of residence in the host Member State by the family member of an EU citizen in the event of his death, departure, divorce, marriage annulment or termination of registered partnership.

The fundamental rights and rights deriving from EU citizenship are the foundation and priority of the European Union and Member States. These rights are exercised through the idea of Europe without barriers, free of prejudice, intolerance and discrimination.