Freedom of Movement Act / EU

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Basic data
Title: Law on the general free movement of EU citizens
Short title: Freedom of Movement Act / EU
Abbreviation: FreizügG / EU
Type: Federal law
Scope: Federal Republic of Germany   
Legal matter: Administrative law
References : 26-13
Issued on: July 30, 2004
( Federal Law Gazette I, p. 1950, 1986 )
Entry into force on: January 1, 2005
Last change by: Art. 172 VO of June 19, 2020
( Federal Law Gazette I p. 1328, 1348 )
Effective date of the
last change:
June 27, 2020
(Art. 361 of June 19, 2020)
Weblink: Text of the law
Please note the note on the applicable legal version.

The Law on the General Free Movement of Union Citizens - Freedom of Movement Act / EU , as Article 2 of the Immigration Act that came into force on January 1, 2005, regulates the residence of Union citizens and their family members.

The right of free movement of EU citizens is newly regulated in Directive 2004/38 / EC of April 29, 2004. It regulates the entry and residence of nationals of other member states of the European Union (Union citizens) and their family members (Section 1 FreizügG / EU).

Union citizens have the right to freedom of movement in the member states of the European Union, i.e. to leave their home member state and to enter and stay in the host member state if they are employed or self-employed in business or looking for work in the host member state. Other - economically inactive - EU citizens have this right if they have sufficient means of subsistence and adequate health insurance coverage in the host Member State. The same applies to the family members who accompany or join the Union citizen. However, only an identity card or passport is required for entry and a stay of up to three months (§§ 2, 3 FreizügG / EU).

Union citizens entitled to freedom of movement received a certificate of freedom of movement by January 28, 2013 ; since then they no longer need a residence document at all. Your family members will continue to receive a residence card . Until the acquisition of a right of permanent residence (cf. § 4a FreizügG / EU), which is proven by a certificate of permanent residence or a permanent residence card , the right to enter and stay may be lost if the requirements for freedom of movement are no longer applicable . Otherwise, it may only be restricted for reasons of public order, security or health (Section 6 (1) FreizügG / EU).

Section 9 FreizügG / EU contains a criminal provision for violations through unauthorized entry or unauthorized stay in the Federal Republic of Germany. The FreizügigG / EU is thus part of ancillary criminal law .


  • Federal Government Commissioner for Migration, Refugees and Integration, Report on the Situation of Foreigners in Germany , Berlin June 2005. Chapter C IV (Legal Status of Union Citizens, from p. 453) contains explanations and comments on application problems of the Freedom of Movement Act / EU (PDF ; 2.62 MB)
  • Hofmann / Hoffmann, Aliens Law - AufenthG, FreizügG / EU, AsylVfG, StAG . Handkommentar, 2008, Nomos Verlag, ISBN 978-3-8329-1171-3
  • Renner , Immigration Law, Commentary, 9th edition 2012, CH Beck Verlag, ISBN 978-3-406-57051-3
  • Christian Storr, Frank Wenger, Simone Eberle, Rainer Albrecht, Karsten Harms, Christine Kreuzer: Commentary on immigration law. Residence Act and Freedom of Movement Act / EU . 2nd Edition. Richard Boorberg Verlag, Stuttgart, Munich, Hanover, Berlin, Weimar, Dresden 2008, ISBN 978-3-415-03978-0 .
  • Journal of Immigration Law and Policy on Foreigners (ZAR) (specialist journal), Nomos Verlag
  • Information letter on immigration law (InfAuslR) (trade journal), Luchterhand Verlag

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