Jurisdiction(s):
European Union

EU free movement of workers and citizens: worker definition, scope, restrictions and justifications, derivative residence and equal treatment under Articles 45 and 21 TFEU and Directive 2004/38/EC

Published by a LexisNexis EU Law expert

Practice notes

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,...

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Darren Harvey

King’s College London

Dr Darren Harvey is a Senior Lecturer in Law and Director of Undergraduate Studies at The Dickson Poon School of Law, King’s College London. Prior to joining King’s, Dr Harvey was an Early Career Fellow in EU law at Edinburgh Law School. He wrote his doctoral thesis on constitutional review by the Court of Justice of the European Union (CJEU) at the University of Cambridge. Before writing his thesis, Darren worked as a research assistant to Prof. Thomas Giegerich at the Jean Monnet Chair of European Union Law and European Integration. Darren holds a Master of Laws (LLM) degree in European Law from the Europa Institut at Saarland University, and an LLB (Hons) from Edinburgh Law School. Darren has published widely on many different areas of EU law. He has taught a wide range of EU law and Public Law courses at both...

Web page updated on 27/05/2026

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