Legislative background to freedom of movement in the EU

The main EU Directives and Regulations giving effect to the right to free movement of workers are:

• Directive 64/221/EEC on the coordination of special measures concerning the movement and residence of foreign nationals, which are justified on grounds of public policy, public security or public health
• Regulation No 1612/68 on freedom of movement for workers within the Community
• Directive 68/360/EEC on the abolition of restrictions on movement and residence within the Community for workers of the member states
• Regulation 1251/70 on the right of workers to remain in the territory of a member state after having been employed in that State
• Directive 2004/38/EC on the right of EU citizens and their family members to move and reside freely within the territory of the member states

There have been several cases taken to the European Court of Justice which have clarified the rights of workers who move to other member states.