Bosman

Kraus

Depends on the right

Restricted right to enter and reside

Impede or make less attractive the free movement of workers

Discrimination restricted in social/educational rights

Public policy/security - must be based on personal conduct only (Van Duyn)

Derogations

Pursues a legitimate aim in the public interest - only if indistinctly applicable

Public Policy, Health and Security

Public Welfare

Article 27(2) Directive 2004/38

Protection of health of animals and humans

Proportionate

Pressing reason in the public interest (Kraus and Bosman)

Workers - Article 45(3) TFEU

All contained in Article 45 TFEU

Union citizens and family members - Article 27(1) Directive 2004/38

Every person holding the nationality of a member state

Article 20(2) TFEU

Article 20(1) TFEU

Right to move and reside freely

Article 20(1) TFEU

Article 20(2) TFEU

Directive 2004/38

Union Citizens - Article 2(1)

Directive 2004/48

Family members - Article 2(2)

Article 20(2) and 21(1)

Listed in treaties and other measures

Purely internal situations

Case specific

Based on subjective considerations

Derogations

Article 27 Directive 2004/38

Pursues a legitimate aim in the public interest - objective, not directly discriminatory and proportionate (D'Hoop)

Public policy, public security, public health

Entry visa in accordance with Reg 539/2001 or where appropriate with national law 5(2)

Valid Passport - 5(1)

Article 5 Directive 2004/38

No requirement for entry visa, passport sufficient

No visa required, merely a passport

And in possession of valid passport

Article 6(2)

Accompanying or joining union citizen