THE ECJ CASE LAW CONCERNING ARTICLES 17 AND 18 OF THE EC TREATY AND THE SUBSEQUENT EFFECT ON THE RIGHT TO MOVE FREELY

The European Court of Justice (ECJ) has played a major role in the expansion of the boundaries of right to free movement by interpreting the EU citizenship provisions of the Treaty. The paper analyses the case law of the ECJ, highlighting the most important decisions in this field and their enormous effects on the way citizenship is construed. Although, the Court was initially reluctant, it has moved from market interpretation that is economic citizenship to political citizenship and then it extended right of citizenship to non nationals. As of the new Citizenship Directive, it is more than a consolidation and summarise the innovation of jurisprudence of the Court whilst recasting the contents of the abolished directives in the wording of residence entitlements.