Reconciling secondary legislation with the Treaty rights of free movement

Discusses the approach of the European Court of Justice towards ensuring that the rights of free movement under the Treaty on the Functioning of the European Union do not conflict with secondary legislation.

Examines, with reference to case law, the court's application of key principles, including: (1) a duty to interpret secondary legislation in a way consistent with the rights of free movement; (2) reviewing the validity of such legislation based on whether it infringes free movement rights; and (3) an increased willingness to apply free movement rights to support secondary legislation.

• Primary Source