Restrictions on freedom of movement and residence in the European Union due to COVID-19
Restrictions on freedom of movement and residence in the European Union due to COVID-19

Summary/Abstract: Purpose: This article aims to determine if the restrictions on freedom of movementand residence in the European Union due to COVID-19 respect the core ofthis Human Right which is also one of the essential principles of the originalEuropean Communities.Methods: With this purpose we have analysed the measures adopted in differentcountries along Europe in relation with the pandemic expansion’s data. Weanalyse more deeply the regulations enacted in Spain and the European Unionregulations in relation with the restrictions on mobility. The Spanish restrictionson freedom of movement have been selected for a particular treatment due tothe fact that these limitations are considered the toughest in the entire Schengenarea, and internally in Spain there is a broad discussion on the legitimacy of thelimitations imposed on these fundamental rights through the regulation of themanagement of the COVID-19 pandemic.Results: The results obtained lead us to know much better about the extent of thefreedom of movement and residence in the European Union in crisis times, andthe possibility of the reduction of its scope, depending on the circumstances.Discussion: To achieve a better view of the main issue we discuss the legitimacy of therestrictions enacted as a response to the COVID-19 crisis to contain the pandemicexpansion pondering the need and effectiveness of the restrictive measures.

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