‘Abuse of Law’ in the Context of the Free Movement of Workers

Abstract

The paper analyses references of the ECJ to the notion of abuse of rights in the case law on free movement of workers. It finds that although the Court formally upholds the concept, it does not come to bear in an individual case. The paper considers dogmatic and political reasons for this. It discusses the wide interpretation of the scope of the free movement rights. It then identifies possible other rationales for the reluctance of the Court to make use of the notion of abuse in the context of the free movement of workers, namely an integrationist, a citizenship and a human rights rationale.

Keywords: EU Law, Free Movement, Free Movement of Workers, EU Citizenship, EU Fundamental Rights, Rights of Family Members, EU Social Benefits Case Law