35The Commission, on the other hand, considers that the direct effect of Article 8a(1) of the Treaty is incontestable. The right to move and reside freely within the territory of the Member States is recognised directly in that provision, without any reservation and without the slightest scope for the exercise of discretion, to every citizen of the Union. The fact that this right is subject to the ‘limitations and conditions laid down in this Treaty and by the measures adopted to give it effect’ does not affect this conclusion in any way (see Case 2/74 Keyners [1974] ECR 631; Case 33/74 Van Binsbergen [1974] ECR 1299; and Case 41/74 Van Duyn [1974] ECR 1337). The implementing measures which the Council may take under Article 8a(2) of the Treaty are to facilitate the exercise of the rights referred to in paragraph (1) and they confirm the direct effect of that latter provision.
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