cle 45 of the Treaty on the Functioning of the European Union (TFEU) deals with free movement of workers this freedom of movement and residence is also available to the nationals of third countries as envisaged by the Treaty establishing European Community. It is the fundamental right of any one who is legally present in a State to move within the State and the right of residence in that State is but a logical extension of right of movement. The issue sought to be reviewed in this paper is whether the current liberal trend of right of freedom of movement can be reversed in the near future.
The EU law on free movement of persons and allied rights which had been scattered on the various treaty provisions, secondary legislations was only recently consolidated into one Act. The European Court of Justice (ECJ) had always felt that rules regarding the free movement of persons in the EU had been narrowly drafted giving no room for the increasing demands of the enlarging Union. The ECJ in its judicial activism reflecting the EU’s objective of ensuring full mobility of persons has at times given decisions contradicting the treaty provisions. Originally, the ECJ had been concentrating on the narrow area of right of workers in regard to freedom of movement. After the introduction citizenship rights in the Union, the court is broadening its approach in safeguarding the rights of free movement of citizens thus resulting in land mark decisions relating to students’ rights, job-seekers and non-union family members. This culminated into the promulgation of Community directive 2004/381 which incorporated some of the important decisions of the ECJ in this area. To predict the trend of continuation of these rights, historical background and legal framework in this regards have to be reviewed.
Article 2 of the EC envisages that the community should promote economic activities, a high level of employment and social protection, enhancing the standard of living and quality of