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EU freedom of movement immigration
All information on European freedom of movement (EU fundamental freedoms).
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what EU freedoms of movement exist
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most important freedom of movement rights in the area of immigration
1. What are European freedoms of movement?
2. What European freedoms of movement are there?
3. Free movement of services and workers; freedom of establishment
4. Free movement of goods and capital
5. FAQ EU freedom of movement
6 Conclusion EU freedom of movement
1. What are European freedoms of movement?
EU freedom of movement is one of the core fundamental freedoms of the European Union and enables citizens of the Member States to move freely within the EU, to work ( Articles 45 et seq. TFEU ), to settle ( Articles 49 et seq. TFEU ), to provide services ( Articles 56 et seq. TFEU ), and to transfer capital ( Articles 63 et seq. TFEU ). These freedoms not only promote the internal market but also guarantee fundamental rights for EU citizens who wish to live or engage in economic activity in other Member States.
Freedom of movement is particularly relevant in the area of immigration, as it grants EU citizens and their family members specific entry and residence rights . These rights are regulated in the Freedom of Movement Act/EU ( FürzügG/EU ) and the EU Free Movement Directive (2004/38/EC) . They have a direct impact on the residence of EU citizens and their families in Germany – even with regard to national regulations.
2. What European freedoms of movement exist?
European freedom of movement is divided into several sub-areas:
the free movement of workers ,
freedom of establishment ,
freedom to provide services ,
the free movement of goods and
the free movement of capital .
These so-called fundamental freedoms safeguard economic activity and personal freedom of movement within the EU internal market. They represent a significant achievement of the overall European legal, political, and social construct.
For private individuals, the freedom of movement for workers , the right of establishment , and the right to use services are particularly important. Entrepreneurs also benefit from the freedom to provide services (see Vander-Elst visa ) and the free movement of capital. All these freedoms aim to eliminate barriers to cross-border traffic between member states and promote a unified European economic area.
3. Free movement of services and workers; freedom of establishment
The freedom of movement for workers under Article 45 TFEU allows EU citizens to take up employment in any member state without discrimination. EU citizens do not require a work permit in Germany, and German authorities may not discriminate against EU nationals when seeking employment or accessing the labor market. Access to social benefits may also be affected, provided they are employed.
Freedom of establishment is primarily aimed at self-employed persons and entrepreneurs. They may settle in another Member State and take up commercial or freelance activities there without requiring a separate permit . While foreign EU citizens must also meet the formal requirements under commercial law to operate in Germany, they do not require a corresponding residence permit, as is the case for third-party nationals, for example (see Section 21 of the Residence Act ).
The freedom to provide services, in turn, allows companies and individuals to offer cross-border services . This also includes services that send a third-party citizen across European borders on behalf of a European company (the so-called Vander-Elst visa ).
4. Free movement of goods and capital
The free movement of goods allows EU citizens and European companies to move products between EU countries without tariffs, quantitative restrictions, or other trade barriers . For private individuals, it is often noticeable in online trading: orders from other EU countries are not subject to additional import duties. Companies can export and import more easily within the EU.
The free movement of capital enables the free transfer of payments and capital within the EU and with third countries. This applies, among other things, to transfers, investments, real estate purchases, and the opening of bank accounts in other EU countries. This freedom forms an important basis for economic integration and personal wealth management within the Union.
5. FAQ on EU freedom of movement
Who can benefit from EU freedom of movement?
All EU citizens and their family members, provided they meet the legal requirements under the Freedom of Movement Act (FreizügG/EU), e.g., as employees, self-employed persons, students, or for other legitimate reasons.
Do the EU's fundamental freedoms of movement mean that everything is permitted for EU citizens in Germany?
No, the actual legal implementation of the EU's basic freedoms of movement under the European treaties has been achieved in Germany through the Freedom of Movement Act (FreizügG/EU). EU citizens must therefore comply with the Freedom of Movement Act (FreizügG/EU). However, the Freedom of Movement Act is significantly more generous and simpler than the Residence Act. In particular, EU citizens do not require a visa or work permit under the Freedom of Movement Act.
Does EU freedom of movement also apply to British citizens?
Since Brexit, special regulations have applied to British citizens. For many affected citizens, the right of residence is protected by the Withdrawal Agreement, but new entries generally require a visa or residence permit.
6. Conclusion: EU freedom of movement as the key to mobility in Europe
European freedom of movement is one of the pillars of the single market, enabling millions of people to move freely within the EU and engage in economic activity. For EU citizens in Germany, it offers extensive rights regarding residence, work, and family reunification . At the same time, the system is complex and often involves legal issues—for example, the recognition of rights by immigration authorities or family reunification. Anyone who wants to effectively utilize their freedom of movement rights should inform themselves about their rights in a timely manner or seek legal advice . VISAGUARD helps keep track of them.
List of Sources (Paywall)
[1] Thomas Oberhäuser in NK-AuslR, 2nd edition 2016, Freedom of Movement Act/EU
[2] Regarding the right of entry of family members of EU citizens, see ECJ case MRAX, judgment of 25 July 2002, C-459/99
[4] Administrative instructions for residence in Berlin (VAB), as of 18.02.2025, FreizügG/EU