Europe

Introduction

Free movement of people within Europe was gradually introduced in the post-World War II era through both bilateral and smaller regional initiatives, such as the Nordic Passport Union (1954) and the Benelux Union (1960), as well as broader agreements like the 1955. European Convention on Establishment, which did not allow for free movement as such but rather facilitated cross-border settlement.

Currently, 38 European countries participate in at least one free movement regime. These multilateral regimes include the European Union, which is certainly the most recognised free movement regime, along with the European Economic Area (EEA), the European Free Trade Association (EFTA), the Benelux Union, the Nordic Passport Union, and a tripartite Convention among Andorra, France, and Spain. The last multilateral regime to have emerged is the Open Balkan Initiative. Moreover, the Freemove project has identified seven bilateral free movement regimes within Europe, four between microstates and neighbouring countries, one between the Czech Republic and Slovakia, another one between Ireland and the United Kingdom and, finally, the bilateral regime between the EU and Switzerland.

Our analysis of the European region includes 42 countries: Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, the Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, and the United Kingdom. Although Belarus and Russia also engage in certain free movement regimes, these are categorised under the Eurasian region for the purposes of the Freemove project. We do not include the Holy See or Kosovo, as they are not UN member states.

Further reading:

Nicola Rogers, Rick Scannell, John Walsh, Free Movement of Persons in the Enlarged European Union, 2nd ed. (Sweet & Maxwell Ltd, 2012).

Dimitry Kochenov (ed.), EU Citizenship and Federalism. The Role of Rights (Cambridge University Press, 2017).

The trilateral Convention among the Kingdom of Spain, the French Republic, and the Principality of Andorra regarding the entry, movement, sojourn, and establishment of their nationals was signed on 4 December 2000. It came into force on 1 July 2003.

Andorra has strong historical ties with Spain and France, as the microstate is geographically located between the two countries. However, there was no free movement among the three countries; Andorra, unlike its neighbouring countries, is not a Member State of the European Union. The trilateral agreement recognises that previous agreements have eliminated border controls on individuals between the countries and that further regulation on the movement and establishment of individuals is, therefore, regarded as a priority.

A key feature of the trilateral convention is its asymmetry. While Spain and France grant Andorran nationals the right to reside in their territories on equal terms with EU citizens, Andorra does not extend a similar right for the establishment of French and Spanish nationals within its territory.

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The Benelux Union is a politico-economic union of Belgium, the Netherlands, and Luxembourg. The close economic ties between these neighbouring countries have historically driven them to pursue cross-border collaboration. In 1944, the governments-in-exile of the three nations signed the Netherlands–Belgium–Luxembourg Customs Convention, facilitating cross-border trade. In 1958, these developments culminated in the signing of the Treaty Establishing the Benelux Economic Union, which established full free movement between the three countries. The treaty came into force on 1 November 1960.

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Since the signing of the Franco-Monegasque Treaty in 1861, France has recognised Monaco as a sovereign state. As a microstate bordering France, Monaco has developed strong bilateral ties with its larger neighbour. Since 1865, the two countries have functioned within a customs union. This is now governed by the Franco-Monegasque Customs Convention of 1963. Their cooperation also encompasses the regulation of the movement of people and residency.

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The Convention between the Portuguese Republic and the Principality of Andorra regarding the entry, movement, residence, and establishment of their nationals was signed on 23 July 2007 and entered into force on 1 September 2008.

Andorra and Portugal are both located on the Iberian Peninsula. However, there was no free movement between the two countries, as Andorra, unlike Portugal, is not a member state of the European Union. After the establishment of a free movement agreement between Andorra, Spain, and France in 2000, Portugal and Andorra followed suit in 2007.

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San Marino, a landlocked microstate encircled by Italy, has historically nurtured strong ties with its larger neighbour due to their close geographic and cultural connections. These ties were formalised in 1862, just one year after Italy’s unification, with a treaty of friendship and the establishment of a customs union.

In 1939, the relationship deepened with the Convention of Friendship and Good Neighbourliness. This agreement bolstered administrative cooperation and, importantly, introduced the free movement of persons between the two countries. Article 4 of the Convention stipulated that citizens of each state could enter the other to pursue any industry, trade, profession, or art, and could also access public employment on equal terms with nationals of the host state.

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In 1992, the Czech and Slovak Federative Republic (formerly Czechoslovakia) dissolved, resulting in two independent states: the Czech Republic and the Slovak Republic. Both countries signed several bilateral agreements to facilitate cross-border exchanges, ensuring the smooth flow of goods, services, capital, and people across their new borders. Two agreements specifically addressed the free movement of persons.

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The Common Travel Area (CTA) is an administrative arrangement between the Republic of Ireland and the United Kingdom, the Isle of Man, and the Channel Islands, dating back to the establishment of the Irish Free State in 1922. Its adoption arose from the Home Office's view that establishing a passport system between the UK and Ireland was unsuitable, along with the preference to maintain the status quo (Ryan 2001: 856). Since then, the CTA has remained in place, except during the period from 1939 to 1952.

Perhaps surprisingly, the CTA has never been governed by an international treaty. It was established informally through an exchange of letters between the British Home Office and the Irish Department of Justice in February 1952 (Ryan 2001: 858). Subsequently, Irish and British nationals had their privileges enshrined in each other’s domestic law, which granted them special status. Ireland is not regarded as a ‘foreign country’ for the purposes of UK laws, and Irish citizens are not considered to be ‘aliens’. Likewise, British citizens in Ireland, while treated differently from Irish citizens, are explicitly exempt from restrictions on entry and residence.

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The Nordic Passport Union is an agreement that facilitates freedom of movement between the Nordic countries—Denmark, Finland, Iceland, Norway, and Sweden.

The Nordic countries share a long history of international cooperation; prior to the Second World War, most Nordic nations permitted other Nordic citizens to travel without a passport. In the 1940s, several Nordic states abolished passport, visa, and work permit requirements for Nordic citizens in their domestic laws (Pedersen, Røed, and Wadensjö 2008). An international protocol on the matter was first adopted in 1952, allowing Nordic citizens to enter other Nordic states for up to three months without a travel document. Full freedom of movement was established through a second protocol in 1954, permitting Nordic citizens to reside in other Nordic states without a residence permit. Furthermore, the Nordic Labour Market Agreement of 1954 exempts Nordic citizens from the work permit requirement.

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San Marino, a landlocked microstate surrounded by Italy, is not a member state of the European Union, the European Free Trade Association, or the European Economic Area. Consequently, it relies on bilateral agreements to facilitate the free movement of its nationals. Under the French-Sanmarinese Convention on Establishment, signed on 14 January 1954, nationals of France and San Marino can freely enter and settle in the other state, “subject to the legislation considering mandatory overriding provisions (lois de police), public safety, and national defence, that are applicable to all aliens” (Art. 1). The Convention stipulates that, subject to reciprocity, nationals of both states shall have the right to engage in any trade, industry, occupation, or profession that is not reserved for nationals within the territory of the other state, on the same conditions as nationals of the most favoured nation (Art. 3). This provision could arguably be construed as entitling nationals of San Marino to equal treatment in this regard with either EU/EEA nationals or nationals of countries benefitting from bilateral free movement agreements (i.e. Andorra and Monaco).

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Switzerland holds a unique position in Europe regarding the free movement of persons. Although Switzerland is a member of the European Free Trade Association (EFTA), it is neither part of the European Economic Area nor the European Union. Even though Switzerland signed the Agreement on the European Economic Area in 1992—which also encompasses the free movement of persons—the agreement was not ratified, as it was rejected in a popular referendum. Instead, free movement was established through the 1999 Agreement between the European Community, its Member States, and the Swiss Confederation on the free movement of persons (hereafter referred to as the AFMP), which came into force on 1 June 2002. Following the revised 2001 EFTA Convention, which took effect on the same date, identical provisions regarding the free movement of persons apply between Switzerland and Norway, Iceland, and Liechtenstein (with restrictions).

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The EFTA (European Free Trade Association) is a regional organisation established in 1960, aiming to promote free trade and economic cooperation. The EFTA currently comprises four European countries: Iceland, Norway, Switzerland, and Liechtenstein. The revised 2001 EFTA Convention (in force from 1 June 2002) also facilitates the free movement of persons between EFTA Member States. This provision is particularly significant for Swiss citizens residing in another EFTA Member State or for citizens of EFTA Member States moving to Switzerland. Iceland, Norway, and Liechtenstein are also Member States of the European Economic Area (EEA); thus, they can benefit from the EEA’s free movement regime. The 1999 Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons (hereafter referred to as AFMP), which came into force on 1 June 2002, facilitates free movement between Switzerland and EU Member States. Consequently, the EFTA regime complements these two frameworks by providing free movement between Switzerland and the other EFTA Member States.

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The Agreement on the European Economic Area (EEA) was signed in 1992 by the Member States of the European Union and the four Member States of the European Free Trade Association (EFTA)—Iceland, Liechtenstein, Switzerland, and Norway— to integrate the EFTA states into the European Single Market. The agreement came into force on 1 January 1994 for the EU Member States, as well as for Iceland and Norway. Liechtenstein followed suit on 1 January 1995. However, Switzerland did not ratify the agreement after it was rejected in a national referendum and, as a result, remained outside the European Economic Area. All states that have since joined the European Union have signed and ratified the Agreement, thereby also becoming part of the European Economic Area. The agreement currently applies provisionally to Croatia.

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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.

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The Open Balkan initiative, initially called "Mini-Schengen", has evolved into a regional partnership among three Western Balkan countries: Albania, North Macedonia, and Serbia. As the European enlargement process has stalled, leaders in the western Balkans face difficulties in fulfilling the European future commitments promised to their citizens. In 2019, the leaders of the three countries adopted the Novi Sad Declaration, which announced the establishment of a common regional market, similar to that of the EU, to facilitate the free movement of goods, services, capital, and people (based on the so-called EU four freedoms).

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