FRAUD ON THE LAW REGARDING THE RIGHT TO FREE MOVEMENT AND RESIDENCE IN THE TERRITORY OF THE MEMBER STATES FOR CITIZENS OF THE UNION AND THEIR FAMILY MEMBERS REFLECTED IN THE JURISDICTION OF THE CJEU

Gheorghe Bonciu ()
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Gheorghe Bonciu: ”Constantin Brâncoveanu” University from Pitesti

Management Strategies Journal, 2023, vol. 59, issue 1, 112-120

Abstract: In this article, the author analyzes the fraud and the abuse of the law regarding the free movement of people as reflected in the jurisprudence of the CJEU. The right to free movement of persons is an essential element of European citizenship, assuming that EU citizens can move freely between member states to live, work, study or retire in another state. The essence of the right to free movement is to eliminate discrimination between workers from different countries and to offer equal opportunities to all citizens of the European Union. Although this concept has many benefits, it also had a negative impact, as cases of fraud or abuse of rights have been reported. The author defines the notions of fraud on the law and abuse of law with regard to the free movement of persons considering the regulations of EU law and the constant jurisprudence of the CJEU. Also, the solutions pronounced by the CJEU in the case study analyzed with regard to the free movement of persons in order to establish uniform practices by the member states of the European Union are also taken into account.

Keywords: free movement of persons; European citizenship; European Union; member states; workers; family; fraud on the law; abuse of law; jurisprudence. (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:brc:journl:v:59:y:2023:i:1:p:112-120

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