EU Law - Free Movement of Persons & EU Citizenship

Vocabulary flashcards for EU Law - Free Movement of Persons & EU Citizenship.

EU Citizenship

Established by TFEU art 20, additional to national citizenship.

TFEU Article 20

Establishes EU Citizenship and the right to move and reside freely within the territory of Member States.

TFEU Article 21

Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to limitations and conditions.

Secondary EU Law

Regulations, directives, and decisions adopted by EU institutions to exercise the Union's competences (TFEU, Article 288).

Citizenship Directive (Dir. 2004/38)

Relevant piece of secondary EU law regarding citizenship, defining rights of movement and residence.

Article 20 (2) TFEU

Grants EU citizens the right to vote and stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence.

Diplomatic and consular protection (TFEU art 20)

The right of EU citizens to enjoy protection by the diplomatic and consular authorities of any Member State in a third country where their own Member State is not represented.

Right to petition the European Parliament (TFEU art 20)

The right of EU citizens to submit a complaint or request on an issue that falls within the European Union’s fields of activity.

Right of Initiative (TFEU art 24)

Allows a significant number of EU citizens to invite the European Commission to submit a proposal on matters where citizens consider a legal act of the Union is required.

TEU Article 17

Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise.

Residency Rights (Up to 3 months)

EU citizens have the right to reside in another Member State for up to three months without any conditions other than holding a valid ID or passport (Citizenship Directive).

Residency Rights (More than 3 months)

EU citizens have the right to reside in another Member State for a longer period if they are workers, self-employed, have sufficient resources and sickness insurance, or are students.

Retention of Worker/Self-Employed Status

A Union citizen who is no longer a worker or self-employed person shall retain that status in specific circumstances outlined in Citizenship Directive art 7.

Retention of Rights of Residence (Citizenship Directive art 14)

Union citizens and their family members have the right of residence as long as they do not become an unreasonable burden on the social assistance system of the host Member State.

Permanent Residence (Citizenship Directive art 16)

Union citizens who have resided legally for a continuous period of five years in the host Member State have the right of permanent residence there.

Equal Treatment (Citizenship Directive art 24)

All Union citizens residing in the territory of the host Member State shall enjoy equal treatment with the nationals of that Member State within the scope of the Treaty.

Nationals of Member States

Those who have rights under EU citizenship (TFEU art 20; Citizenship Directive art 2(1), 3(1)).

Family Members

Spouse or registered partner, children (under 21 or dependent), and dependent (grand-)parents who have rights under EU citizenship (Citizenship Directive art 2(2), art 3(1)).

Conditions for Third Country Nationals

Member states must facilitate entry and residence of wider circle of family or partners in accordance with, its national legislation (art 3(2) Citizenship Directive).

Definition of Union Citizen

Any person having the nationality of a Member State (Citizenship Directive, art 2).

Definition of Family Member

The spouse; the partner with whom the Union citizen has contracted a registered partnership, dependent direct relatives in the ascending line and those of the spouse or partner (Citizenship Directive, art 2).

Definition of Host Member State

The Member State to which a Union citizen moves in order to exercise his/her right of free movement and residence (Citizenship Directive, art 2).

Beneficiaries of the Citizenship Directive

All Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members.

Zambrano Case (C-34/09)

Article 20 TFEU precludes national measures which have the effect of depriving citizens of the Union of the genuine enjoyment of the substance of the rights conferred by virtue of their status as citizens of the Union.

Zambrano Ruling

A Member state cannot refute a third-country national right of residence if his minor children are EU citizens and dependent on him because it deprives the children the right to enjoy the substance of the rights attaching to the status of European Union citizen.

Zhu and Chen Case (C-200/02)

Concerns indirect entitlements of third-state parents of EU citizens; EU legislation confers rights on dependants of EU citizens.

Dependant

Holder of the right of residence is dependent on the national of a non-member country who is her carer and wishes to accompany her.

Right to respect for private and family life

Addressed in Article 7 of the Charter of Fundamental Rights of the European Union.

Rights of the child

Addressed in Article 24 of the Charter of Fundamental Rights of the European Union.

Rendón Marín Case (C-165/14)

Automatic refusal of residence permit based on criminal record does not satisfy the requirements for limiting derived right of residence on grounds of public policy or public security.

Chavez-Vilchez Case (C-133/15)

Concerns derivative right to stay of a non-EU national parent caring for a child who is an EU citizen, based on whether this would force the child to leave the EU or whether the EU national parent can take over care.

Singh Case (C-218/14)

Applicants only entitled to remain while family of EU national exercising rights in Ireland; limited extension in case of divorce (art 13(2) of Citizenship Directive).

Citizenship Directive art 27

General principles include states may restrict freedom of movement and residence on grounds of public policy, public security or public health.

Grounds for Restriction

Public policy, public security or public health.

Conditions for National Measure Restrictions

Be applied in a non-discriminatory manner, be justified by imperative requirements in the general interest, be suitable for securing the attainment of the objective which they pursue and they must not go beyond what is necessary in order to attain it (Gebhard, C-55/94).

Gebhard Case (C-55/94)

National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty must fulfil four conditions.

Public Policy Justifications

Wide range of justifications, including legal services, ensuring integrity and experience.

Citizenship Directive art 28

Before taking an expulsion decision, the host Member State shall take account of considerations such as how long the individual concerned has resided on its territory, his/her age, state of health, family and economic situation, social and cultural integration.

Protection against expulsion

The host Member State may not take an expulsion decision against Union citizens or their family members, irrespective of nationality, who have the right of permanent residence on its territory, except on serious grounds of public policy or public security.

Public Health Restrictions (Citizenship Directive art 29)

The only diseases justifying measures restricting freedom of movement shall be the diseases with epidemic potential as defined by the relevant instruments of the World Health Organisation.

Notification of Decisions (Citizenship Directive art 30)

The persons concerned shall be notified in writing of any decision taken under Article 27(1), in such a way that they are able to comprehend its content and the implications for them.

Procedural Safeguards

The persons concerned shall have access to judicial and, where appropriate, administrative redress procedures in the host Member State to appeal against or seek review of any decision taken against them on the grounds of public policy, public security or public health (Citizenship Directive art 31).

Reinhard Gebhard v Consiglio dell'Ordine degli Avvocati e Procuratori di Milano (C-55/94)

National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty have conditions.

Public policy wide range of justifications

Case-law more extensive in relation to right of establishment (to set up business) and equal treatment rather than just movement .

Reisebüro Broede v Gerd Sandker (C-3/95)

Ensures that the ultimate consumers of legal services and the sound administration of justice are provided with the necessary guarantees in relation to integrity and experience.

Conditions for national measure restrictions

Be applied in a non-discriminatory manner, be justified by imperative requirements in the general interest..

Before taking an expulsion decision Citizenship Directive art 28

The host Member State shall take account of considerations such as how long the individual concerned has resided on its territory.

General principles Citizenship Directive art 27

Member States may restrict the freedom of movement and residence of Union citizens and their family members, irrespective of nationality, on grounds of public policy, public security or public health.

Notification of decisions Citizenship Directive art 30

The persons concerned shall be notified in writing of any decision taken under Article 27(1), in such a way that they are able to comprehend its content and the implications for them.

Procedural Safeguards Citizenship Directive art 31

The persons concerned shall have access to judicial and, where appropriate, administrative redress procedures in the host Member State to appeal against or seek review of any decision taken against them on the grounds of public policy, public security or public health.