Freedom of movement in the European Union: Detailed Programme

Freedom of movement is a fundamental achievement of the European integration process. However, this basic right is increasingly put under pressure due to internal and external factors such as the growing disparity after the EUs enlargement, the uncertain implications of Brexit, the threat of terrorism and instability at the EUs borders. Within this context, panel discussions will focus on:

  1. challenges to free movement within the EU internal market,
  2. the right to free movement and EU citizenship,
  3. the impact of the EU migration crisis and
  4. the challenges of cross-border crime and criminal justice.


Judge S. O'Leary, European Court of Human Rights

Judge A. Rosas, Court of Justice of the European Union

Panel Session 2: Free movement and cross-border crime and criminal justice

Though originally construed as an economic union, it soon became clear that free movement of goods, persons, services and capital had a significant impact on the challenges related to cross-border crime and criminal justice. Achievements contributing to the development of today's European criminal justice area, date back to the pre-Maastricht European Political Cooperation, which served as a catalyst for the inclusion of justice and home affairs matters in later Treaty provisions. Although the number of EU instruments in this area has skyrocketed in the past decades, we are still faced with significant challenges. This panel invites papers that critically analyse challenges related but not limited to

  1. the phenomena of cross-border crime,
  2. cross border investigations and prosecutions (including the functioning of specific cooperation instruments such as the European Investigation Order, as well as bodies, institutions and agencies such as Europol, Eurojust, the European Public Prosecutors Office),
  3. cross border execution of sanctions (including deprivation of liberty, financial penalties, confiscation and disqualifications) and
  4. cross border availability and exchange of (judicial) information (such as the European Criminal Records Index System, SIS, e-Codex)


Prof. dr. Wendy De Bondt, member of the Institute for International Research on Criminal Policy (IRCP), Ghent University


Dr. Alejandro Sánchez Frias, University of Málaga 
Free movement & the impact on criminalisation - The new Directive on combating terrorism and the criminalisation of travelling

Dr. Martyna Kusak, Adam Mickiewicz University Poznan
Free movement & evidence gathering: a study of telephone tapping and house search

Mrs. Sofie Depauw, Ghent University
Free movement & evidence gathering - Mutual admissibility of forensic evidence: taking a step back to take a step forward

Mrs. Nele Audenaert, Ghent University
Free movement & sentencing – Unity of intent effect on sentencing: An EU dimension to ne bis in idem & proportionality?

Dr. Stefano Montaldo, University of Turin
Free movement & sentence executing - Offenders' rehabilitation: towards a new paradigm for EU criminal law?

Panel Session 4: Free movement and EU citizenship

The freedom of movement and residence within the territory of the Member States is a core right for EU citizens and their family members. However, the exercise of this right is subject to the limitations and conditions laid down in the EUs primary and secondary legislation. The panel explores how the Court of Justice interpreted these conditions and limits in its evolving case law on EU citizenship and how this affects the exercise of the right to free movement in practice. Issues under discussion concern, inter alia, the scope of application of EU law, the issue of reverse discrimination, the connection between free movement and the right to family reunification and the relationship between free movement rights and (social) security.


Prof. dr. Peter Van Elsuwege, Ghent European Law Institute (GELI), Ghent University


Prof. dr. Dimitry Kochenov, University of Groningen
The oxymoron of market citizenship

Mr. Martijn Van den Brink, Max Planck Institute, Göttingen
EU citizenship and fundamental rights: Empirical, normative and conceptual problems

Mrs. Maria Florentina Haag, European University Institute, Florence
The distribution of responsibility between the host and the home member state for economically inactive Union citizens

Mrs. Hester Kroeze, Ghent University
Shaping family reunification in the wake of the Right to family life

Panel Session 7: Free movement and the EU internal market

Since its inception, the EU internal market may be considered to constitute the cornerstone of the EU integration process. In spite of this, the concept of the so-called four freedoms without internal frontiers (goods, persons, services and capital) is currently put under considerable pressure. Some factors are mainly internal; for instance, how to find the right balance between on the one hand maintaining a unanimous application and interpretation of internal market rules and on the other hand increasingly different and divergent national interpretations of higher objectives in an enlarged EU? What will be the potential implications of the Brexit on the internal market freedoms? What is the impact of the list of non-economic and horizontal principles inserted in Articles 7-17 TFEU, such as environmental protection and consumer protection, on the internal market freedoms? What are the challenges and implications of the Digital Single Market for the traditional four freedoms? Other factors may be mainly external but with potential implications for the internal market; for instance, how does the seemingly à la carte extension of (parts of) the internal market to third countries, such as the EEA and the EU-Turkey Customs Unions, impact on the internal market freedoms? How will the new and comprehensive trade agreements, such as CETA and TTIP, impact on the internal market functioning and principles (such as the precautionary principle; the mandatory requirements to counterbalance the principle of mutual recognition, etc.)? Some factors may have both an internal and external dimension, such as for instance the implications of EU data protection rules on the four freedoms. Papers submitted for this panel may address both internal and/or external factors which may impact on the fundamental and specifically EU internal market concept.


Prof. dr. Inge Govaere, Ghent European Law Institute (GELI), Ghent University


Prof. dr. Catherine Barnard, University of Cambridge
EU law and Brexit

Prof. dr. Pieter Van Cleynenbreugel, Université de Liège
The EU's Digital Single Market Strategy: fundamental free movement rights under pressure?

Dr. Rufat Babayev, University of Leicester
Brexit and its impact on the EU's model of social solidarity

Dr. Marton Varju, Hungarian Academy of Sciences
Territoriality and freedom of movement: what is left of Member State territorial authority in the Single Market?

Panel Session 10: Free movement and the EU migration 'crisis'

The increased refugee flows of the last years have triggered an avalanche of EU policy and legislative responses. This panel explores how the EU migration crisis impacts on the free movement of persons. This impact often tends to be negative, in the sense of restricting free movement, as evidenced for instance by the reintroduction of temporary internal border controls within the Schengen area. Free movement may also be facilitated as a consequence of addressing the migration challenge, though, as illustrated by the lifting of visa requirements for Turkish citizens envisaged in the EU-Turkey Statement. This panel invites papers that critically analyse the interconnections between free movement and (policy and legislative responses to) transnational migration. A wide range of themes can be addressed, including but not limited to the reform of the Common European Asylum System and the security-migration nexus.


Prof. dr. Ellen Desmet, Human Rights Centre / Centre for the Social Study of Migration and Refugees (CESSMIR), Ghent University.


Prof. dr. Maarten den Heijer, University of Amsterdam
The fight against secondary migration 

Dr. Clare Frances Moran, Edinburgh Napier University
International law and the refugee crisis: Legal duties, moral outcry

Prof. dr. Katarzyna Strak, Polish Academy of Sciences
Eurodac as an instrument of the Return Policy of the European Union

Ms. Joyce De Coninck, Ghent University
Oscillating between the various freedoms and values of the European Union - Securitization of the external border to unravel effective human rights protection?