European Union

Multilateral in force

INTRODUCTION

The European Union (EU) is a political and economic union currently comprising 27 Member States. Its origins can be traced back to the establishment of the European Coal and Steel Community (ECSC) in 1952 and the European Economic Community (EEC) in 1957, both of which were created to promote economic cooperation. Further political integration was achieved through the Maastricht Treaty, signed in 1992 and effective from 1 November 1993, which formally established the European Union. The Maastricht Treaty has since been followed by several new Treaties adding new areas of competence.

The EU has established a single market founded on the four fundamental freedoms: the free movement of goods, services, capital, and people. The legal framework for the free movement of persons was initially introduced in the Treaty of Rome (1957), with Article 48 (now Article 45 of the Treaty on the Functioning of the European Union (TFEU)) prohibiting discrimination based on nationality in employment and working conditions. The implementation of free movement was gradual. Regulation No 15/1961, concerning initial measures to achieve free movement of workers within the Community, allowed Member States to prioritise national workers. This regulation was superseded in 1964 by Regulation No 38/64 on the free movement of workers within the Community, which still permitted safeguard measures for national labour markets. Full free movement of workers was realised in 1968 with Regulation (EEC) No 1612/68 on the freedom of movement for workers within the Community, supplemented by Council Directive 68/360/EEC on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, which facilitated the movement and residence of workers and their families.

In the 1990s, the right to free movement was expanded beyond just workers. Council Directive 90/364/EEC on the right of residence extended this right to economically inactive individuals, while Council Directive 93/96/EEC on the right of residence for students afforded similar rights to students. A significant development followed with the Maastricht Treaty (1992), which introduced EU citizenship, granting all EU citizens the right to move and reside freely within the EU (Article 18 of the Treaty Establishing the European Community, now Article 21) TFEU).

A significant step in consolidating free movement rights was achieved with the adoption of Directive 2004/38/EC of the European Parliament and of the Council concerning the right of Union citizens and their family members to move and reside freely within the territories of the Member States (hereafter referred to as the Citizens’ Rights Directive), adopted on 29 April 2004 and in force since 30 April 2006. This directive grants EU citizens and their family members the right to reside in another Member State for up to three months without conditions. For periods exceeding three months, the right applies to workers, self-employed individuals, students, and those with sufficient resources. After five years of continuous legal residence, individuals are entitled to permanent residence status conferred.

The EU’s free movement regime is supported by two parallel legal frameworks: the European Economic Area (EEA) and the EU-Swiss Agreement on the Free Movement of Persons. The EEA extends the right of free movement to Norway, Iceland, and Liechtenstein, although Liechtenstein maintains certain restrictions. The EU-Swiss Agreement on the Free Movement of Persons, which came into effect on 1 June 2002, regulates the movement of persons between the EU and Switzerland.

MEMBER STATES

BELGIUM (1957)
BULGARIA (2007)
CROATIA (2013)
CYPRUS (2004)
CZECHIA (2004)
DENMARK (1973)
ESTONIA (2004)
FINLAND (1995)
FRANCE (1957)
GERMANY (1957)
GREECE (1981)
HUNGARY (2004)
IRELAND (1973)
ITALY (1957)
LATVIA (2004)
LITHUANIA (2004)
LUXEMBOURG (1957)
MALTA (2004)
NETHERLANDS (1957)
POLAND (2004)
PORTUGAL (1986)
ROMANIA (2007)
SLOVAKIA (2004)
SLOVENIA (2004)
SPAIN (1986)
SWEDEN (1995)

OTHER MEMBERS

UNITED KINGDOM (1973-2020).

HEADQUARTERS

Brussels, Belgium

DATE OF CREATION

25 March 1957.

TIMELINE

1957	The Treaty of Rome was signed on 25 March, establishing the European Economic Community (EEC) and introducing the free movement of workers. It came into force on 1 January 1958 with six founding members: Belgium, France, Germany, Italy, Luxembourg, and the Netherlands.
1961	Regulation No 15/1961 on initial measures to achieve the free movement of workers within the Community, adopted on 16 August, permits Member States to prioritise national workers while gradually enacting free movement.
1964	Regulation No. 38/64 on the free movement of workers within the Community, adopted on 25 March, supersedes the previous regulation but continues to allow safeguard measures to protect national labour markets.
1968	The full free movement of workers is established by Regulation (EEC) No 1612/68 concerning the freedom of movement for workers within the Community, adopted on 15 October, while Council Directive 68/360/EEC, adopted on the same date, promotes the abolition of restrictions on movement and residence within the Community for workers from Member States and their families, thereby facilitating their movement and residence.
1973	Denmark, Ireland, and the United Kingdom joined the European Economic Community on 1 January.
1981	Greece became a member of the European Economic Community on 1 January.
1986	Spain and Portugal became members of the European Economic Community on 1 January.
1990	The right to free movement is granted to economically inactive individuals under Council Directive 90/364/EEC concerning the right of residence.
1992	The Maastricht Treaty was signed on 7 February, formally establishing the European Union and introducing EU citizenship, entering into force on 1 November 1993.
1993	Council Directive 93/96/EEC on the right of residence for students extends free movement rights to students.
1995	Austria, Finland, and Sweden joined the European Union on 1 January.
2004	Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States was adopted on 29 April, consolidating and simplifying EU free movement rules, including provisions for permanent residence after five years.
2004	Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia joined the European Union on 1 May.
2006	Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States entered into force on 30 April, establishing a unified legal framework for free movement and residence rights across the EU.
2007	Bulgaria and Romania joined the EU on 1 January.
2013	Croatia joined the EU on 1 July.
2020	The United Kingdom officially left the European Union on 31 January, following the Brexit referendum of 2016.

KEY LEGAL DOCUMENTS

Regulation (EEC) No 1612/68 on the freedom of movement for workers within the Community (in force 1968) (English).

Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families (English).

Council Directive 90/364/EEC of 28 June 1990 on the right of residence (English).

Council Directive 90/365/EEC of 28 June 1990 on the right of residence for employees and self-employed persons who have ceased their occupational activity (English).

Treaty on European Union (Maastricht Treaty) of 7 February 1992 (in force 1 November 1993).

Council Directive 93/96/EEC of 29 October 1993 on the right of residence for students.

Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (in force 30 April 2006).

Regulation 492/11 on freedom of movement for workers within the Union, 5 April 2011.

ADDITIONAL LEGAL DOCUMENTS

Treaty Instituting the European Economic Community, 25 March 1957, (in force 1 January 1958) (French).

Regulation No 15/1961 on initial measures to achieve free movement of workers within the Community (in force 1961) (French).

Regulation No 38/64 on the free movement of workers within the Community (in force 1964) (French).