Free Movement of Persons: Restrictions Related with Public Order, Public Security and Public Health

Algis Junevičius

Abstract


The free movement of persons is one of the most successful part of European Union project, which operates as very important factor promoting European integration process. Adoption of The Treaty on European Union and the creation of EU citizenship implemented significant changes: the status of European citizens, their rights to move and reside freely within the territory of the Member States can no more be interpreted in the way as it was before the adoption of the Treaty on European Union. There are no requirements for EU citizens, placed in the Treaty, to pursue professional or independent activities or work under an employment contract in order to access provided rights. However the right of free movement is not unlimited. The administrations of Lithuanian government are authorized to impose restictions on free movement of citizens. In the light of these facts, the article examines exceptions in the field of free movement of persons and indentifies concepts of public order, public security and public health. Special attention is given to so called rule restricting the restrictions and to the mechanism of protection against expulsion out of the country. The article concludes, that the institutions of Lithuanian government have the right to evaluate the threats in the territory of the country and to decide on the content of public security by themselves. But their discretion can not be used as an instrument to treat the behaviour of other Member States citizens worse than the same behaviour of local citizens.

Keywords


free movement of persons; public policy; public security; public health; restricting the restrictions rule; protection against expulsion

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"Public Policy and Administration" ISSN online 2029-2872 / ISSN print 1648-2603