01 July 2011

Right to free movement and residence

Previous two posts that I had published belonged to the shorter ones and I will deal with a topic that demands more length. The topic of this brief post will be the right to free movement and residence.

My suggestion has only two letters, both based on the corresponding provisions of the Universal Declaration (the article 13), however completed for the purposes of the European constitution.

The first letter speaks, in accordance with the Universal Declaration, that everybody has the right to freedom of movement and free choice of his residence; I replaced only the words of the Universal Declaration about “each state” with the words about the whole territory of the European Union. By the way, the existing article 45 of the Charter of Fundamental Rights is a very similar (and in its sense the same) provision.

The second letter speaks about the right to freely move across state boundaries. Because I have already written about free movement across the member states' boundaries in other articles of proposed constitutional text, so here the text will speak about free movement across the external boundary of the European federation. The Universal Declaration which I have based this letter again on speaks about “any country” and the right to leave it and return to it again; I replaced the “any country” with the European Union, in other I followed the text of the Universal Declaration. I added to it one more sentence taken from the constitution of the Czech Republic concerning foreigners for the previous sentence of the provision refers not explicitly only to the citizens of the European Union; according to the added sentence, it is not possible to banish a foreigner except in cases prescribed by the law.

The next article will be longer and will deal with a more important topic – the political rights.