Directive 2004/38/EC – Freemovement Citizens Directive

What is Directive 2004/38/EC

Directive 2004/38/EC is a set of treaty rights under EU law that is given to all EU citizens.

What rights do I have under Directive 2004/38/EC

Directive 2004/38/EC gives all EU citizens free movement rights.  These include the right to:

  • travel for less than 3 months.  You will only need proof of nationality;
  • work in another member state;
  • be self employed in another member state;
  • be self sufficient in another member state;
  • be a student in another member state;

Where does Directive 2004/38/EC apply

Unfortunately, the free movement directive only normally applies in a member state of which you are not a national.  This means that British Citizen’s cannot normally rely on free movement law within Britain.   However, there is a ‘derived’ right from the free movement directive.  This right comes from the Surinder Singh court case.


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