Steps Backwards in the Field of Intra EU Mobility

Intra EU mobility is considered as the most successful model of European integration. Nevertheless, since a decade, it has been put under pressure by different challenges (enlargement of the EU to poorest countries, Brexit, financial and migration crisis and national populism). It seems that it lacks resilience in front of these multiple threats as many signs of steps backwards are indeed visible. First, more and more host Member States don’t hesitate to expel EU citizens on the move. The latter are considered as potential unreasonable burden on the social security system or as threat to public policy. Secondly, the Court of Justice of the European Union reversed its jurisprudence recently by acknowledging that Member States are allowed not to confer social assistance to EU citizens on the move, who are economically inactive. Finally, some Member States are requiring for a reform of freedom of movement, calling for stricter access to social assistance and more punitive sanctions for abusers. These steps are worrisome as they are endangering the process of European integration in the field of freedom of movement. They are also in contradiction with EU values and principles such as solidarity, prohibition of discrimination, fight against social cohesion, ever closer union amongst the people of Europe. They are additionally questioning EU citizenship, incapable of protecting nationals of EU Member States. The paper intends to address current steps backwards in matter of intra-EU mobility and examine their compatibility with EU values and principles. It will also address the incapacity of current legal instruments protecting fundamental freedoms to overcome this situation. Finally, it will reflect on the loss of confidence in the principle of freedom of movement and in the good will of EU citizens on the move.