The Member States 25 March 1957, Consolidated version of the Treaty on the Functioning of the European Union#PART TWO - NON-DISCRIMINATION AND CITIZENSHIP OF THE UNION#Article 21#(ex Article 18 TEC)

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Article 21 TFEU (ex Article 18 TEC) establishes the right of every Union citizen to move and reside freely within the territory of the Member States, subject to Treaty limitations and implementing measures. Where Union action is necessary to facilitate this right and the Treaties provide no sufficient legal basis, the European Parliament and the Council may act under the ordinary legislative procedure, while measures concerning social security or social protection require a special legislative procedure with unanimous Council action following consultation of the European Parliament. The provision thus creates a tiered legislative framework distinguishing between general facilitation measures and those touching social security or social protection.AI