‘Worker’ (and) ‘Mobility’ in the Case Law of the Court of Justice EU on Free Movement: A Critical Appraisal

Since the very beginning, the European Court of Justice (now Court of Justice of the European Union) has been called to decide on the compatibility of national legislation regulating the exercise of employed and self-employed activities with Treaty provisions on the free movement of workers. As is well known, the position of the Court has always been generous in terms of defining the personal scope of application of those provisions and has adopted a broad notion of ‘worker’ and ‘mobility’. This essay aims to analyse some recent developments of the case law of the Court in relation to both notions to highlight the pros and cons of such position.