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European Union Law

European Union Law (3rd edn)

Catherine Barnard and Steve Peers
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date: 23 May 2024

p. 51016. Exceptions to the free movement ruleslocked

p. 51016. Exceptions to the free movement ruleslocked

  • Niamh Nic Shuibhne

Abstract

This chapter examines when Member States can lawfully displace the obligations placed on them by free movement law. Free movement rights can be restricted under EU law in two ways. For discriminatory or distinctly applicable restrictive measures, a derogation ground expressly provided for in the TFEU must be engaged. For indirectly or non-discriminatory measures, that is, indistinctly applicable restrictive measures, if an overriding requirement relating to the public interest can be demonstrated the measure will be lawful. In both cases, the restriction also has to satisfy a proportionality test, that is, it is both appropriate and necessary for achieving the relevant public interest objective.

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