o move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect.
Article 61 et seq: new Title IV, 'Visas, asylum, immigration and other policies related to free movement of persons'. This new title implemented the two Schengen agreements, the Schengen Agreement of 14 June 1985, and the Schengen Implementing Convention of 19 June 1990.
The rights attached to freedom of movement for people are subject to limitations justified on grounds of public policy, public security or public health found in Articles 39(3), 46(1) and 55 ECT. These exceptions must be strictly interpreted and limits to their exercise and scope are set out by the general principles of law such as the principles of non-discrimination, proportionality and protection of fundamental rights.
The free movement of persons is said to be one of the four fundamental freedoms of Community law, along with the free movement of goods, services and capital, and one of the essential components of the internal market. The original treaty aim of setting up a common market was to increase wealth, to strengthen and bring together the economies of the Member States. The ECJ has declared the provisions on free movement of workers to be fundamental to the Community's aims, and hence deserving of a wide interpretation, while it has frequently curbed those provisions which allow for exceptions and derogations on the part of the Member States.
Treaty Establishing the European Community
Title III: Free Movement of Persons, Services and Capital
1. Freedom of movement for workers shall be secured within the Community.
2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
3. It shall entail the right, subjec...