Free movement and public policy: the European space as a guarantee for self-determination

Eleanor Spaventa

Chapter 8 in Dilemmas of EU Free Movement Law, 2026, pp 172-186 from Edward Elgar Publishing

Abstract: In recent years the free movement provisions have been interpreted as protecting the rights of same-sex spouses, children of same-sex spouses, and the rights of transgender individuals. Whereas the interpretative tools used by the Court are not per se revolutionary, these cases have given rise to some debates as they have been seen as endangering legitimate public policy and moral choices affected at the domestic level. This contribution argues that this case law strikes a balance between national policy preferences and the freedom of individuals to assert their self-determination by moving to countries that are better aligned to their own personal choices. In this way, free movement rights also act as a counter-majoritarian corrective to the imposition of moral choices reflecting majoritarian values.

Keywords: Public policy; Public morality; Free movement; Same sex; Transgender; Mirin; Coman; Pancharevo (search for similar items in EconPapers)
Date: 2026
ISBN: 9781839107825
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