Transparent cooperation between Member States is the key. Such cooperation should be guided by independent expert advice and coordinated by the Commission. It is preferable to a situation where each Member States goes its own way by taking unilateral action that results in a clamp down on legitimate forms of free movement in a blind attempt to curb abuses.
While the Commission has established a group of Member States’ experts on the practical implementation of Directive 2004/38/EC, there is no legal instrument that provides a framework of its operation. As a result, the minutes of its meetings are not made available to the public and nor are its recommendations or other documents which it produces. Moreover, there is no involvement of civil society organisations that could participate as members or observers.
It is only through cooperation that is guided by independent expertise that Member States will be able to develop appropriate and effective methods to respond to challenges that might be generated by the free movement of persons.