freedom of movement

Article

December 3, 2021

Freedom of movement can be characterized as the right of an individual to move freely within the territory of individual states, with the possibility of leaving them at any time. It is legally enshrined in the Charter of Fundamental Rights of the EU, the Treaty on European Union, the Treaty on the Functioning of the EU and the Charter of Fundamental Rights and Freedoms of the Czech Republic. This is a classic natural law of a negative nature. The state is therefore not obliged to positively fulfill the rights of others. This situation only arises when freedom of movement and residence becomes related to, for example, the right to education. Countries with the most restrictive freedom of expression and movement include states with a dictatorial government, such as North Korea. Its borders are strictly guarded and crossing them is a criminal offense. Even within North Korea, permits are needed for national trips between the country's regions. Freedom of movement in European law Freedom of movement is further defined in the Treaty on European Union, Articles 17-22. It reads: "Every person holding the nationality of a Member State shall be an EU citizen. EU citizenship shall complement and not replace national citizenship." Freedom of movement and residence is further regulated by Article 45 of the Charter of Fundamental Rights of the European Union, Article 3 of the Treaty on European Union and Article 21 of the so-called Treaty of Rome.

Freedom of movement for workers and right of establishment

Freedom of movement for workers and services is further subdivided into freedom of movement for workers (Nos 39-42) and the right of establishment (Nos 43-48). under his control, including those undergoing vocational training, ie students ”. They are further divided into so-called original and secondary beneficiaries. The original beneficiary is the employee, even after the termination of employment. The secondary is, for example, the worker's family (family members). The right of establishment is enshrined in Article 45 of the EU Charter of Fundamental Rights and Freedoms. This freedom is not limited to natural persons, but also includes legal persons, companies (established under civil or commercial law, in the European Union it is a condition of membership in this community). They are also cooperatives, other legal persons governed by public or private law, non-profit-making organizations having their central administration within the Community. From a legal point of view, it is a matter of freedom associated with economic activity. This activity must be carried out in order to make a profit that is cross-border in nature. Nationals of one Member State may not violate (restrict) the freedom of establishment in the territory of nationals of another State. Freedom of establishment also has the right to take up and pursue self-employed activities and to set up and manage undertakings in the territory of another Member State. This is the so-called primary business. We speak of secondary business if a representative office, branch or subsidiary is established in the territory of another Member State. The person concerned must meet the same conditions as other nationals. This procedure is called national treatment.

Freedom to provide services

Another category of free movement are services. These are defined in the EU Charter of Fundamental Rights and Freedoms, Article 57: 'Services shall be regarded as services normally provided for remuneration, in so far as they are not governed by the provisions relating to freedom of movement for goods, persons and capital. The services shall include in particular: (a) activities of an industrial character, (b) activities of a commercial character, (c) craft activities, (d) activities in the liberal professions. " these conditions apply to both natural and legal persons. the provision of services here is of a short-term nature. the rules on the free movement of services apply to the service provider, his or her

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