The scope of and rationale of EU free movement law: old and new challenges

Maria Antonia Panascì and Eleanor Spaventa

Chapter 1 in Dilemmas of EU Free Movement Law, 2026, pp 1-11 from Edward Elgar Publishing

Abstract: The chapter introduces the main themes and conceptual framework of this edited collection. It frames EU free movement law as a key structuring feature of the EU legal order, whose market and non-economic dimensions have been intertwined since the outset of European integration. At the core of the analysis lies the absence of a settled rationale underpinning free movement, which has resulted in enduring uncertainty as to its scope and structure. By presenting the individual contributions, the chapter identifies a series of structural dilemmas, ultimately stemming from the inherent tension between the economic logic of free movement and its broader social and political ambitions. The objective is to offer some useful analytical and conceptual tools for understanding the constitutional tensions that mark this area of EU law.

Keywords: Free movement; Structuring principle; Market rationale; EU citizenship; Social objectives; Dilemmas (search for similar items in EconPapers)
Date: 2026
ISBN: 9781839107825
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