Freedom of movement allows EU citizens and their (non-EU) family members to move and reside freely across the EU. However, this right is subject to limitations.
Directive 2004/38 is the main EU legislative tool, defining who can benefit from free movement and what restrictions apply to residence rights. In order to complement and further clarify the Directive, the European Commission published a comprehensive Guidance on December 2023, clarifying complex aspects and notions contained in the Directive and shedding light on free movement-related case law.
As rules on beneficiaries of residence rights may be complex to navigate through, ECAS has created a flowchart to explain in a concise and user-friendly manner who, amongst EU citizens and their non-EU family members, can benefit from the right to freely reside in the EU.
