Movement of Romanian citizens in europe

• Author: Miruna Tudorascu
• Position: '1 Decembrie 1918' University from Alba Iulia, Alba Iulia, Romania
• Pages: 171-175

AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2014), pp. 171-175

171

MOVEMENT OF ROMANIAN CITIZENS IN EUROPE

M. Tudorascu

Miruna Tudorascu

“1 Decembrie 1918” University from Alba Iulia, Alba Iulia, Romania

*Correspondence: Miruna Tudorascu, Lecturer PhD, “1 Decembrie 1918” University from

Alba Iulia, 11-13 “Nicolae Iorga” St., Alba Iulia, Romania

E-mail: miruna.tudorascu@yahoo.com

Abstract

This right is stipulated in the Treaty of Lisbon, which amends paragraph 2 of art. 17 of

TEC, as recognizing the right of Union citizens to move and reside freely within the Member

States territory. This right can be exercised but only under the conditions and limits def ined by

treaties and by the measures adopted to implement them.

Keywords: treaty, limits, right, free movement, measure.

Introduction

Treaty establishing the European Community (TEC) settled European citizenship,

setting in the art. 17 that “any citizen of the Union has the nationality of a Member State”;

EU citizens enjoy the rights provided by TEC, one of which is entitled to travel and live where

they want on Member States territory (art. 18 of the Treaty).

Correlative t o the right of t he free movement, the Treaty is governing t he

circumstances in which this freedo m may be restricted. According to art. 39 of the Treaty,

restrictions on freedom of movement may be justified o nly on grounds of public order, public

safety and public health.

This right is stipulated in the Treaty of Lisbon, which amends paragraph 2 of art. 17 of

TEC, as recognizing the r ight of Union citizens to move and reside freely within the Member

States territory. This right can be exercised but o nly under the conditions and limits defined by

treaties and by the measures adopted to implement them.

The limits of the r ight of free movement of EU citizens have been laid down by art. 27

of the Directive no. 2004/38/EC of 29.04.2004 on freedom of movement and residence within

Member States territory for Union citizens and their family members (the Directive). Under

these rules, Member States may restrict the free of movement of Union citizens and their

family members, regardless of nationality, only for reasons o f public o rder, public security or

public health. The taken measures must comply with the proportionality and to be based solely

on the personal conduct of the person concerned.1 This conduct must represent a genuine,

present and sufficiently dangerous to justify the measure of restriction of free movement.2

In Ro mania’s accession to the European Union was necessary t o transpose the

Directive no. 2004/38/EC into national law. Leg islature intended for that purpose to issue two

1 Octavian Manolache, Drept comunitar, All Beck Publishing House, Ed. IV th, Bucharest, 2003, p. 247-248;

Felician Cotea, Dreptul comunitar al afacerilor, Mediamira Publishing House, Cluj Napoca, 2005, p. 53

2 According to art. 27 of the Directive. 2004/38/CE/29.04.2004, Member States may restrict fr eedom of

movement and residence of Union citizens and their family members, regardless of n ationality, on grounds of

public policy, public s ecurity or public health. These reasons can not be relied on for economic pur poses (para.

1). Measures taken on grounds of public policy or public security must r espect the principle of proportionality

and be based solely on the person’s conduct. Previous cr iminal convictions can not in itself justify ta king such

measures. Conduct of the person concerned must represent a genuine, present and sufficiently serious threat to

the fundamental interests of society. Will not be accepted motives which are not directly related to the case or on

considerations of general prevention (para. 2).