The effects of the COVID-19 pandemic and the restrictions imposed thereof with focus on the internal market of the European Union, particularly the freedom of movement

Abstract

The COVID-19 pandemic has had an immense impact across the globe. Governments have implemented various unprecedented decisions to contain the spread of the virus. Such measures consisted of restrictions to the free movement of persons. Thus, this had proved to be a significant challenge to preserve the integrity of the right to free movement of persons within the EU. In order to ensure that such decisions do not jeopardise such right, the EU has negotiated and implemented various soft law mechanisms in order to prevent that decisions limiting the free movement of persons based on grounds of protecting public health do not leave a negative impact on the freedom of movement within the internal market. This study aims at exploring the impact which the Covid-19 pandemic has had on this right within the internal market, with particular focus on the right to the free movement of persons. The paper will analyse the guidelines and regulations among other mechanisms adopted throughout the period 2020-2022, especially the implementation of the Digital Green Certificate and if they have had limited the scope of the internal market. This analysis can be made following the understanding of the legal context, including the exceptions found within the Treaties and EU legal order. Finally this dissertation will reflect on the Effects of the COVID-19 pandemic and the restrictions imposed vis-a-vis the free movement of persons and proposes some recommendations on how to learn from these unprecedented times which have imposed uncertainty amongst the citizens of the EU in order to be prepared should another occasion arises and thus it would require the EU and its Member States to take such important, yet difficult decisions to restrict the movement of persons within the EU.