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

Abstract

Purpose: This article aims to determine if the restrictions on freedom of movement and residence in the European Union due to COVID-19 respect the core of this Human Right which is also one of the essential principles of the original European Communities. Methods: With this purpose we have analysed the measures adopted in different countries along Europe in relation with the pandemic expansion's data. We analyse more deeply the regulations enacted in Spain and the European Union regulations in relation with the restrictions on mobility. The Spanish restrictions on freedom of movement have been selected for a particular treatment due to the fact that these limitations are considered the toughest in the entire Schengen area, and internally in Spain there is a broad discussion on the legitimacy of the limitations imposed on these fundamental rights through the regulation of the management of the COVID-19 pandemic. Results: The results obtained lead us to know much better about the extent of the freedom of movement and residence in the European Union in crisis times, and the 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 the restrictions enacted as a response to the COVID-19 crisis to contain the pandemic expansion pondering the need and effectiveness of the restrictive measures.