By Massimo Condinanzi, Allessandra Lang, Bruno Nascimbene
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Public Law (1994) 516. 27 Chapter I citizen of the Union belongs which ensures that such a situation is governed exclusively by national law. 106 That factor may even consist in the fact that the person who availed himself or herself of the right to free movement was a person other than the one relying on Art. 9 Limits and conditions Art. 18 EC confers on citizens the right to move and reside freely within the territory of the Union “subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect”.
In any event, the adoption by the Council of measures to give effect to Art 18(1) is made expressly dependent upon their being “necessary to attain” the objective of freedom of movement and residence. The provision, which was introduced by the Nice Treaty, embodies, specifically as regards freedom of movement and residence of citizens of the Union, the principle of subsidiarity which is already laid down generally by the second and third paras of Art. 5 EC for matters for which no exclusive competence exists.
The traditional concept By virtue of Art. 18 EC, every citizen of the Union has the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaty and by the measures adopted to give it effect. 73 B. Nascimbene, supra (note 16) 246 ff. 74 See J. , 2006) 71. 75 See the opinion of the Commission of 21 October 1990, EC Bull. (1991) Suppl. 2. 76 For other observations about the absence of duties peculiar to the status of citizen of the Union, see R.