Limits to intra-EU free movement rights and the Common European Asylum System: remarks on the CJEU case law and the activation of temporary protection directive

Abstract

Under the current architecture established by the Common European Asylum System (CEAS), asylum seekers and beneficiaries of international protection cannot move freely within the EU territory. Their legal status as third-country nationals is linked to the Member State responsible for their asylum application. Even so, asylum seekers and beneficiaries of international protection continue to move before and after acquiring a status. Both the case law of the Court of Justice of the European Union (CJEU) and the activation of the Temporary Protection Directive show that it is possible to pose a disruptive challenge to this legal framework and foster a reflection on the extent to which current restrictions on intra-EU free movement rights of asylum seekers and beneficiaries of an international protection status are necessary, effective and respectful of fundamental rights.