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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Freedom of Movement

Peter Thalmann

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 05 December 2021

Subject(s):
Magna Carta — Residency requirements — Individual rights — Fundamental rights

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1 A person enjoying freedom of movement may have one or several distinct subjective constitutional rights: (i) the right to travel within a state’s territory (internal freedom of movement); (ii) the right to choose one’s place of permanent residence within a state’s territory (freedom of establishment or freedom of residence); (iii) the right to leave a state’s territory, including the right to emigrate; and (iv) the right to enter and reside in a state’s territory, including the right to immigrate (immigration). 2 Every natural person has, by nature, the ability...
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