1.4 RESTRICTIONS ON FREEDOM OF MOVEMENT WITHIN AND INTO THE EU To address the COVID-19 outbreak, in March 2020 many Member States introduced partial or almost complete closure of their external and internal borders, restricting movements of those entering the country as well as movements out of the country. 1.4.1 Travel restrictions within the EU Under Article 28 of the Schengen Border Code, Member States may, in certain circumstances and under strict conditions, temporarily reintroduce controls at internal borders.99 Such reintroduction must be limited in time and notified to the European Commission.100 As an overview by the European Parliament shows, the vast majority of countries that are part of the Schengen area have introduced restrictions at their internal borders. Restrictions take different forms. Some Member States reduced the number of border crossing points. For example, on 18 March 2020, 27 border crossings were closed between Croatia and Slovenia. Many EU countries closed airports and a few Member States almost completely closed their borders. As of 17 March 2020, persons and vehicles (other than freight transport) were generally prohibited from moving through Latvian airport, port, railway and road border crossing points at the EU’s external and internal borders. In other cases, those entering, including nationals and residents, must meet new requirements including undergoing health checks, committing to self-quarantine or presenting a medical statement showing a negative COVID-19 test result. People (other than citizens, residency holders or third-country nationals travelling via air from outside Schengen) entering Austria must have an accredited medical statement showing a negative COVID-19 test result no older than four days, irrespective of nationality.101 EU citizens and their family members have the right to move and reside freely within the territory of EU Member States. Articles 27 and 29 of the Free Movement Directive (2004/38/EC) justifies measures restricting the freedom of movement in case of “diseases with epidemic potential”, such as COVID-19, provided they comply with the principle of proportionality. In this context, when implementing public health measures, the European Commission noted that these must not discriminate between Member States’ own nationals and resident EU-citizens. It underlined also that a Member State must not deny entry to EU citizens or third-country nationals residing on its territory and must facilitate transit of other EU citizens and residents that are returning home.102 22

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