Following the COVID-19 outbreak, the EU Member States have imposed a number of restrictions to prevent the spread of infection. The purpose of this paper is to analyse the recent acquis communautaire which introduces measures affecting the internal market of the European Union, i.e. the right of citizens of the European Union to free movement of persons. Nowadays, we are witnessing many restrictions ranging from those related to the freedom of movement of people from one Member State to another to the ones linked with trade in goods and services. The question arises as to whether the EU is adequately dealing with the public health crisis caused by the COVID-19 pandemic. Firstly, it should be pointed out that public health policy falls within the competence of the Member States, while the EU only supports them through its actions (Art. 168 of the Treaty on the Functioning of the EU). In this context, the paper analyses the competence of the EU regarding the health and scope of the EU Health Policy. Secondly, no fundamental market freedom is absolute, so the Member States may impose certain restrictions if they are justified. The protection of public health is certainly one of the legitimate reasons for imposing restrictions, but the question arises as to whether all the measures taken by the Member States are proportionate to the goal and if there is any softer measure that could achieve the same effect. In this context, the existing relevant case law of the European Courts - Court of Justice of the European Union and European Court of Human Rights - is critically assessed and compared.
The Internal Market of the European Union at the Time of the Covid-19 Pandemic