ABSTRACT – This article aims to analyze Case C-128/22, wherein the Court of Justice was called upon to address the issue of restricting the free movement of EU citizens during an emergency context, specifically the COVID-19 pandemic. In particular, the Court had to assess the compatibility of such a restriction, imposed by the Belgian government, with Directive 2004/38/EC and Regulation (EU) 2016/399. At the heart of this discussion are thoughts on the legitimacy of measures associated with the restriction of a fundamental right, as enshrined in Article 21 TFEU. Balancing the interests involved is crucial to solving the conflict between the need for action arising from the fight against threats to the security of society and the recognition of the freedoms and guarantees granted to citizens by the European Union and its Member States. The Court’s ruling, and therefore the reasoning developed on the preliminary questions before it, could set a significant precedent in jurisprudence on this matter, serving as a basis for exploring the actual scope of limitations and opportunities within the framework supported by the Directive 2004/38/EC and the Schengen Regulation.
