‘Objectively comparable’? The free movement of persons within the European Economic Area

Article 1 EEA establishes a ‘homogeneous European Economic Area’ that entails ‘the free movement of persons’. Nationals of the EEA EFTA States are afforded rights of movement and residence, regardless of whether they are economically active. The CJEU has characterized the legal status of EEA nationals as ‘objectively comparable’ with that of EU citizens. Differences between the rights protection afforded in the EEA EFTA pillar and the EU pillar will constitute discrimination. EU secondary legislation that pursues the aim of the fullest possible realization of the free movement of persons falls within the scope of Article 1 EEA and shall be implemented through Articles 98 and 102 EEA. The detailed regulation provided for by such measures makes Article 1(2)b EEA sufficiently precise and unconditional to be relied upon before courts. It affords EEA EFTA nationals a primary, written and individual right to free movement that is homogeneous with Article 21.1 TFEU.

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Publication Details

Journal
Maastricht Journal of European and Comparative Law
Published
2026-02-23
DOI
https://doi.org/10.1177/1023263x261421836
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

‘Objectively comparable’? The free movement of persons within the European Economic Area

Tarjei Bekkedal, Ø Lund Bø
Maastricht Journal of European and Comparative Law
European and International Law Studies
article

‘Objectively comparable’? The free movement of persons within the European Economic Area

Tarjei Bekkedal, Ø Lund Bø
article en

Abstract

Article 1 EEA establishes a ‘homogeneous European Economic Area’ that entails ‘the free movement of persons’. Nationals of the EEA EFTA States are afforded rights of movement and residence, regardless of whether they are economically active. The CJEU has characterized the legal status of EEA nationals as ‘objectively comparable’ with that of EU citizens. Differences between the rights protection afforded in the EEA EFTA pillar and the EU pillar will constitute discrimination. EU secondary legislation that pursues the aim of the fullest possible realization of the free movement of persons falls within the scope of Article 1 EEA and shall be implemented through Articles 98 and 102 EEA. The detailed regulation provided for by such measures makes Article 1(2)b EEA sufficiently precise and unconditional to be relied upon before courts. It affords EEA EFTA nationals a primary, written and individual right to free movement that is homogeneous with Article 21.1 TFEU.

Maastricht Journal of European and Comparative Law
University of Oslo (NO)
Reduced inequalities, Peace, Justice and strong institutions
Openalex Percentile: Top 49%
European and International Law Studies
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