Freedom of Movement Act (FreizügG/EU) Lawyer

EU freedom of movement in Germany: How the Freedom of Movement Act (FreizügG/EU) works.

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what the EU Freedom of Movement Act (FreizügG/EU)
to whom the FreizügG/EU applies
for which constellations the FreizügG/EU applies
Legal background to the FreizügG/EU

Table of Contents

1. What is the Freedom of Movement Act (FreizügG/EU)?

2. Legal background of the FreizügG/EU

3. Differences between the Residence Act (AufenthG) and the Freedom of Movement Act/EU

4. FreizügG/EU explained: Functioning and structure

5. FAQ FreizügG/EU

6. Conclusion Freedom of Movement Act

1. What is the Freedom of Movement Act (FreizügG/EU)?

The Act on the General Freedom of Movement of Union Citizens (Freedom of Movement Act/EU - FreizügG/EU) regulates the right of residence in Germany for citizens of the European Union and their family members. The Residence Act does not apply to this group of persons (see Section 1 Paragraph 2 No. 1 of the Residence Act ). The Freedom of Movement Act is based on the EU Free Movement Directive (2004/38/EC) and implements it into national law. Its aim is to guarantee the freedom of movement of EU citizens – that is, the right to move, settle, and work freely within the member states.

The law applies not only to employed persons, but also to students, the self-employed, job seekers, and people who are not working but have sufficient means of subsistence and health insurance coverage. Thus, the FreizügG/EU creates the legal basis for uncomplicated residence for EU citizens in Germany – without the need for a traditional residence permit under the Residence Act.

2. Legal background of the FreizügG/EU

The FreizügG/EU entered into force on January 1, 2005 , and was most recently amended by law on February 21, 2024. It serves to implement the EU legal requirements on EU freedom of movement, in particular the freedom of movement for workers and freedom of establishment. Its central basis is Article 21 of the Treaty on the Functioning of the European Union (TFEU) in conjunction with the EU Free Movement Directive.

From a legal perspective, the acquisition of permanent residence rights and freedom of movement rights by family members of EU citizens plays a particularly important role within the framework of the Freedom of Movement Act. In addition to the law itself, there is a general administrative regulation ( AVV FreizügG/EU ), administrative instructions (e.g., in Berlin, the VAB ), as well as numerous court decisions and commentaries (including Oberhäuser in NK-AuslR ) that assist with interpretation. The Federal Foreign Office's (AA) visa handbook also provides important information on how authorities handle freedom of movement cases.

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3. Differences between the Residence Act (AufenthG) and the Freedom of Movement Act/EU

While the Residence Act contains the general rules for third-country nationals, the Freedom of Movement Act/EU applies specifically to EU citizens. Those covered by the Freedom of Movement Act/EU generally do not require a residence permit – their right of residence arises directly from the law . The same applies to work permits. Registration is no longer required since the freedom of movement certificate was abolished, meaning EU citizens can simply reside in Germany without any bureaucratic hassle.

A significant systematic difference between the Residence Act and the Freedom of Movement Act/EU is their legal effect: While third-country nationals must first be granted a right of residence under the Residence Act ( constitutive effect of the residence permit ), the right of freedom of movement for EU citizens and their family members exists automatically by law (only declaratory effect of the residence card ) . Nevertheless, the Residence Act is partially applicable to the Freedom of Movement Act (see references from the Freedom of Movement Act to the Residence Act in Section 11 (1) of the Freedom of Movement Act/EU ).

The significant difference lies in the system: While the Residence Act (AufenthG) requires a permit (residence only with a permit), the EU Freedom of Movement Act (FreizügG/EU) grants a legal right of residence without a prior application. In practice, this often leads to uncertainty among authorities or employers if they fail to realize that a residence permit is not necessary.

4. FreizügG/EU explained: Functioning and structure

The legal regulations governing the types of individuals to whom the EU Free Movement Act applies are precisely defined: These include employees, the self-employed, individuals with sufficient means, students and their spouses, children, or, under certain conditions, parents. British nationals with legacy status after Brexit can also continue to derive rights from the EU Free Movement Act under certain conditions.

The FreizügG/EU consists of a total of 16 sections and is clearly structured. It begins with general provisions on the scope and requirements for freedom of movement (§§ 1–4), then addresses specific groups of persons and their rights (§§ 5–12), and finally regulates issues relating to the termination of residence, expulsion, and time-limited residence (§§ 6–12a). Section 2 of the FreizügG/EU is particularly relevant, precisely defining the various groups of persons entitled to freedom of movement. The legal structure thus facilitates application by authorities and provides guidance for those affected by the complex residence law.

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5. FAQ FreizügG/EU

As an EU citizen, do I need a residence permit in Germany?

No, EU citizens do not require a residence permit. Their right of residence arises directly from the EU Freedom of Movement Act.

Does the FreizügG/EU also apply to family members without an EU passport?

Yes, family members – such as spouses or children – also have a right of residence if the EU citizen is entitled to freedom of movement.

Does the EU Freedom of Movement Act also apply to British nationals?

Only for persons who acquired a right of residence before Brexit and are covered by the Withdrawal Agreement. For other Britons, the Residence Act now applies.

Is the permit for permanent residence in the EU regulated by the Freedom of Movement Act?
No, the EU permanent residence permit is a permanent residence permit for third-country nationals and is therefore regulated by the Residence Act. However, the Freedom of Movement Act regulates the permanent residence card .

6. Conclusion Freedom of Movement Act

The EU Freedom of Movement Act (FürzügG/EU) is the central legal framework for EU citizens in Germany. It guarantees freedom of movement and significantly simplifies residence – but in practice, those affected often encounter a lack of knowledge or unnecessary bureaucracy. Those who know their rights and have legal support in case of doubt can effectively exercise their freedom of movement in Germany.