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from Part I - Aligned Paths from the Treaty of Paris to the Single European Act
Published online by Cambridge University Press: 02 May 2025
The chapter examines the framework guiding free movement from the 1950s to the Single European Act. After examining how free movement provisions were included in the Treaties, the analysis turns to the secondary law adopted to operationalize the free movement provisions. The analysis shows that free movement was structured as a labour mobility scheme aimed at addressing the uneven distribution of manpower between the Member States. At the same time, the social aims of the Community were to be realized through strategies related to achieving the full potential of labour mobility and maximizing productive activities in the Community industries. Next to the legal framework, the case-law of the Court which revolutionized the social rights of Community migrants by an extensive application of the free movement provisions is presented. The analysis in this chapter reveals the centrality of economic objectives in the reasoning of the Court as a basis for broad interpretations facilitating free movement. By promoting such objectives, the Court also guaranteed social progress for the Community migrants and their families in the form of rights they were entitled to.
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