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Abuse of rights in Directive 2004/38/EC

Publication at Faculty of Law |
2016

Abstract

This article is dealing with abuse of rights by Union citizens on the move as it is inscribed in article 35 of Directive 2004/38/EC. The first part is dealing with the absence of a Union definition of the concept of abuse of rights and with the multiple national definitions.

The second and the third parts concern case studies of national practices of abuse of rights and their control by the host Member States. The final part reflects on the sanctions of abusive practices.