19. What is meant by the right of “freedom of movement” in Germany?

Answer options

1. One may choose one’s place of residence oneself.
2. One can change one’s occupation.
3. One may decide in favor of another religion.
4. One may move about in public only lightly clothed.

Explanation

Freedom of movement under Article 11 of the Basic Law (Grundgesetz, GG) is a specific fundamental right of all Germans protecting their ability to move throughout the federal territory and to choose residence and place of stay freely; it must be distinguished from occupational freedom (Art. 12 GG) and freedom of religion (Art. 4 GG). Permissible restrictions are narrowly enumerated in Art. 11(2) GG (e.g., combating epidemics, natural disasters, prevention of criminal offenses, protection of the free democratic basic order, or residence obligations when adequate means of subsistence are lacking) and are subject to proportionality review. Historically, freedom of movement was a core liberal achievement of the nineteenth century (enshrined in the 1867 Constitution of the North German Confederation and the 1871 Imperial Constitution) and was deliberately reinforced by the Basic Law after the coercive restrictions of the Nazi era. EU citizens enjoy a parallel freedom of movement under EU law (Art. 21 TFEU), whereas third‑country nationals primarily rely on the general freedom of action in Art. 2(1) GG.