EU Law - Free Movement of Persons – EU Citizenship

Flashcards covering key vocabulary and concepts from the lecture notes on EU Law - LW22022&LW32038 Free Movement of Persons – EU Citizenship.

EU Citizenship (TFEU art 20)

Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.

TFEU Article 20(2)(a)

Citizens of the Union shall enjoy the right to move and reside freely within the territory of the Member States.

The Citizenship Directive (Dir. 2004/38)

Relevant piece of secondary EU Law in the context of citizenship.

TFEU art 20

Citizens of the Union have the right to vote in EP elections and municipal elections.

TFEU art 20

Citizens of the Union have the right to protection of the diplomatic and consular authorities.

TFEU art 20

Citizens of the Union have the right to petition the European Parliament, to apply to the European Ombudsman and to address the institutions.

TFEU, art 24

Grants the ‘right of initiative’.

Residence for up to 3 months

Right of EU citizens defined by the Citizenship Directive (Dir. 2004/38).

Longer-term residence

Right of EU citizens defined by the Citizenship Directive (Dir. 2004/38).

Permanent residence

Right of EU citizens defined by the Citizenship Directive (Dir. 2004/38).

Equal treatment

Right of EU citizens defined by the Citizenship Directive (Dir. 2004/38) and (Regulation (EU) No 492/2011).

Citizenship Directive art 6

Union citizens shall have the right of residence on the territory of another Member State for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport.

Citizenship Directive art 7

All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they are workers/self-employed, have sufficient resources and sickness insurance, or are enrolled at an educational establishment.

Citizenship Directive art 14

Union citizens and their family members shall 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.

Citizenship Directive art 16

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

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.

Citizenship Directive art 2

"Family member" means: the spouse; the partner with whom the Union citizen has contracted a registered partnership; the direct descendants who are under the age of 21 or are dependants; the dependent direct relatives in the ascending line.

Citizenship Directive art 3

This Directive shall apply to 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 v Office national de l'emploi (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.

Zhu and Chen v Secretary of State for the Home Department (C-200/02)

A refusal to allow the parent who is the carer of a child to whom [the Treaty and Directive] grant a right of residence, to reside with that child in the host Member State would deprive the child's right of residence of any useful effect.

Rendón Marín v Administración del Estado (C-165/14)

Automatic refusal based on existence of criminal record does not satisfy the public policy or public security limitation on derived right of residence.

Chavez-Vilchez v Raad van bestuur van de Sociale verzekeringsbank (C-133/15)

Any right to stay is derivative, based on not preventing child citizen enjoying rights. Can inquire whether this would force child to leave with them or EU national parent can take over care.

Singh v Minister for Justice and Equality (C-218/14)

Applicants only entitled to remain while family of EU national exercising rights in Ireland; limited extension in case of divorce.

Citizenship Directive art 27

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

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

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.

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.

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.

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.