Freedom of movement meaning

In this issue: Banking and finance Commercial Corporate Data protection and cybersecurity Financial services Free movement, immigration and employment Energy Environment IP Life sciences Regulatory TMT Daily and weekly news alerts New and updated content Trackers Banking and finance ECB releases annual report on supervisory activities for 2023 The European Central Bank (ECB) has released its 2023 report on supervisory activities, alongside opening remarks by Claudia Buch, chair of the Supervisory Board, delivered at a hearing with the European Parliament’s Economic and Monetary Affairs Committee (ECON). Buch outlined the outlook for EU banking, the ECB’s supervisory priorities, and steps towards completing the EU Banking Union. See: LNB News 21/03/2024 26. Council of the EU adopts MREL ‘daisy chain’ directive The Council of the EU has adopted a directive amending the Bank Recovery and Resolution Directive (BRRD) and the Single Resolution Mechanism Regulation (SRMR), introducing targeted proportionality...

In this issue: EU fundamentals Competition and state aid Corporate Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment Insurance and reinsurance IP Life sciences TMT International trade Daily and weekly news alerts New and updated content Trackers EU fundamentals Council of the EU approves two Directives reinforcing equality bodies’ roles across the EU The Council of the EU has confirmed the formal adoption of two Directives intended to enhance the authority of equality bodies across the Union. Under existing EU rules, every Member State must create national equality bodies to handle discrimination cases related to sex and racial or ethnic origin. However, current legislation grants significant flexibility to Member States regarding these bodies’ competences, independence, resources, accessibility and overall effectiveness. The new measures set out minimum standards that all Member States must meet in these respects. See: LNB News 08/05/2024 8...

In this issue: EU fundamentals Competition and state aid Corporate Data protection and cybersecurity Dispute resolution Financial services Energy Environment Life sciences Regulatory TMT Daily and weekly news alerts New and updated content Trackers EU Law Highlights 2025/2026 EU fundamentals Commission releases December 2025 infringement package The Commission has issued its December 2025 infringement package, outlining the EU Member States it is pursuing for breaches of obligations under EU law. The package comprises letters of formal notice, reasoned opinions and Court of Justice referrals directed to Belgium, Bulgaria, Czechia, Cyprus, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Austria and others. Action spans numerous policy areas, including environmental protection (water, waste, air quality, nature), public procurement, services, free movement, firearms, media freedom, child protection, energy and climate, taxation, customs, transport, financial services and competition. See: LNB...

Introduction The intra-EU posting of third-country nationals (TCNs) has become an increasingly prevalent and widely used form of labour mobility, whereby undertakings based in one Member State send staff to deliver services on a temporary basis in another across the Union. Anchored in Article 56 TFEU on the freedom to provide services, this practice draws on the seminal Vander Elst judgment, Case C‑43/93, which clearly confirmed that Member States may not demand additional work permits from lawfully employed TCNs seconded from a different Member State. Although Directive 96/71/EC, the Posting of Workers Directive (PWD), as revised by Directive 2018/957/EU and supplemented by Directive 2014/67/EU on its enforcement, sets out the overarching legal regime for posting, these measures do not spell out the particular arrangements applicable to TCNs (for more on the PWD, see Practice Note: Posting of workers in the EU). Furthermore, the Directive does not prejudice agreements concluded by the Community with third countries, nor the domestic rules of Member States governing the admission to their territory of...

This Practice Note outlines the passporting entitlements and associated notification obligations of insurance undertakings based in the EEA under Directive 2009/138/EC (the Solvency II Directive). The Treaty and Solvency II The Treaty on the Functioning of the European Union (TFEU) provides the overarching framework for freedom of establishment and the free movement of services within the EU. In the financial services sphere, including insurance, these freedoms are further detailed by the Single Market Directives. The regulatory regime for EEA life and non-life insurers and reinsurers—covering supervision, solvency, risk management, governance, reporting and passporting—is set out in the Solvency II Directive, supported by Commission Delegated Regulation (EU) 2015/35 (the Solvency II Delegated Regulation) together with applicable Implementing and Regulatory Technical Standards (RTS). Under Solvency II, an insurance undertaking that has secured authorisation from its home state regulator may exercise the right of establishment and/or provide cross-border services in other EEA Member States. The scope of passporting rights Passporting rights under Solvency II extend to those undertakings...

EU workers and EU citizens benefit from freedom of movement. This entitlement is set out for workers in Article 45 of the Treaty on the Functioning of the European Union (TFEU) and for citizens in Article 21 TFEU. Detailed rules on the conditions and limits appear in Directive 2004/38/EC. They may move to and live in other Member States without discrimination, and any curb on this right must pursue a public interest and be proportionate to the restriction applied. Free movement of workers Article 45 TFEU allows EU workers to circulate across the Union. It outlaws discrimination based on nationality in respect of employment and working conditions, including remuneration. Scope of the protection Personal scope The Court of Justice of the European Union retains the authority to determine which persons fall within Article 45 TFEU, as the Treaty’s objectives could be undermined if national law could set and change such definitions unilaterally. In Lawrie-Blum,...