Abstrakt
Freedom of movement and residence is a fundamental and individual right of citizens of the European Union (hereinafter the Union). However, this right is not unconditional or total since it is subject to the obedience of numerous rules.
First of all, the conditions linked to the right of residence laid down by Directive 2004/38/EC\ which regulates the right of movement and residence of citizens of the Union and their family members on the territory of the Union , must be observed. These restrictions relate in particular to the residence of economically inactive persons.
Then, more general limits to the right of movement and residence are imposed by the Treaties and secondary law: the citizen of the Union must respect public order, public security and public health of the Member State of reception and should not become an unreasonable burden on its welfare system. Finally, he is prohibited from abusing this fundamental right on pain of losing it.