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Free movement of workers and persons

In: Research Handbook on EEA Internal Market Law

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  • Benedikt Pirker

Abstract

The free movement of workers and persons has always been considered one of the most important - but also most contested - elements of the EU integration process. Under EEA law, most parts of the relevant primary and secondary EU law have been included, leading to a practically identical legal regime for workers regarding, e.g. rights of residence, equal treatment or protection from expulsion. By contrast, the concept of Union citizenship, a powerful driver of non-economic integration in EU law, does not exist in EEA law, whereas Directive 2004/38 has been incorporated into EEA law. Remarkably, the EFTA Court’s approach to homogeneous interpretation, including certain deviations from interpretation of the Court of Justice of the European Union (CJEU) of EU law, has avoided the emergence of any differences regarding the rights granted to economically inactive EEA nationals, despite this difference in the substantive law.

Suggested Citation

  • Benedikt Pirker, 2025. "Free movement of workers and persons," Chapters, in: Graham Butler (ed.), Research Handbook on EEA Internal Market Law, chapter 4, pages 46-69, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21527_4
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    File URL: https://www.elgaronline.com/doi/10.4337/9781803922461.00014
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    Keywords

    Law - Academic;

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