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Freedom of movement
Article Migration
As EU citizens, all nationals of the Member States of the European Union have the right to move freely within the European Union and to enter and reside in any EU Member State.
This right to freedom of movement is guaranteed by Article 21 of the Treaty on the Functioning of the EU (TFEU). However, the right of EU citizens to freedom of movement is not unconditional; it may be exercised under the conditions and restrictions of European Community law.
Directive 2004/38/EC further specifies the right to freedom of movement, which in Germany is implemented through the Act on the General Freedom of Movement for EU Citizens.
Entry and residence of EU citizens
EU citizens may enter and stay in the territory of another Member States for up to three months without being subject to any conditions or formalities other than the requirement to hold a valid identity card or passport.
EU citizens have the right of residence for longer than three months if they
- are workers or self-employed persons in the host Member State or are seeking employment (for a certain length of time);
- are not in employment or are students or trainees and have sufficient resources and comprehensive health insurance cover;
- have the right of permanent residence (following legal residence of five years).
- Family members, regardless of their citizenship, accompanying or joining an EU citizen who satisfies these conditions also have the right of residence for more than three months.
So the underlying idea is that in order to reside for more than three months in another Member State, EU citizens must have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State.
Employment in the European Union
Furthermore, EU citizens have the right to engage in economic activity in every other Member State under the same conditions as nationals of that Member State, i.e. to be employed or self-employed and to offer and receive services.
