Free Movement of Persons and Religious Freedom Within the EU

The chapter aims to consider the possible interferences between one of the rights enjoyed by Union citizens—free movement of persons—and religious affiliation. Living according to one’s faith and following the rules of the religion to which one belongs are clearly an expression of religious freedom, protected at both international and EU level. How important is religion when it comes to exercising the right of free movement of persons? Specifically, this chapter seeks to provide answers to the following three questions: (1) how would an asylum application made by a Union citizen who believes that they are not allowed to practise their religion in their country of origin be considered? (2) can a religious marriage form the basis for family reunification? (3) on what basis can a Union citizen who wishes to live in a religious community or who is a minister of religion reside in a different Member State from their country of origin? The answers to these questions will allow to assess whether EU laws assist or obstruct the life plans of Union citizens who wish to exercise free movement and live by their faith and conform to the rules of their religion.