Freedom of movement

Abstract

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Using comparative data from EXCEPTIUS combined with a focus on some typical country cases, this chapter compares the different restrictions to freedom of movement imposed by European countries. The European experience with restrictions on freedom of movement has been incredibly diverse and mixed. In this way, we can see that many EU Member States not only decided to close their external borders and suspend the freedoms linked to the Schengen area (e.g., by closing airports during the first wave), but in some cases limiting or even restricting mobility between municipalities and regions. The general line regarding movement restrictions in most cases would be limited only to the prohibition for nationals not to leave and for foreigners or non-residents to enter the country. However, in some more extreme or restrictive cases, prohibitions affected local entities of lower rank, including time restrictions and specific mobility limitations. The first part of the chapter delimits the legal framework used to regulate freedom of movement in the EU Member States. It then goes on with an evaluation of the different restrictions adopted by these governments. By doing so, the chapter provides a broad overview of the different and sometimes contradictory measures taken by national governments and other administrative entities, in addition to providing a human rights perspective.