EU Citizenship 2

Question 1

What did the Zhu and Chen case establish?

Answer 1

Court held:
-Child could live in UK even though Irish nationality because sufficient economic resources came from parents (no economic activity required)
-Residing in other MS than which they are national, even if they were born there counted as exercising free movement and right to residence.

Question 2

What did the Ruis Zambrano case establish?

Answer 2

Court held:
-parents would be deported (colombian nationality) but child had Belgian Nationality- parents allowed to stay in Belgium because they had to care for child.
-Citizens entiteld to a ‘genuine enjoyment of the substance of the rights’.
-Creates new category of parental and carer residence based on care for EU citizen

Question 3

What are the conditions for right to residence in EU MS for less than 3 months?

Answer 3

-EU Citizens who have valid ID or passport.
- Family members of EU citizens who are accompying EU citizens, but do not have Union citizenship.

Question 4

What are the conditions for right to residence up to 5 years in EU MS (if you are union citizen)?

Answer 4

-you are a worker
-You have sufficient resources to not become burden on state’s welfare system and have health insurance.
-Studying+ health insurance

-accompying one of above as family member

Question 5

Who is a ‘worker’?

Answer 5

-anyone with actual job
-ACTUAL PROVEN job seekers included, BUT sufficient resources are required.

Question 6

What did the ‘Dano case’ establish?

Answer 6

-Non-economically active Romanian in Germany, sought access to social benefits.
-Must be lawfully resident in compliance with directive to qualify for equal treatment with regards to benefits (Dano was not and did not)

Question 7

Who qualifies as ‘family member’ under CRD?

Answer 7

-spouse
- Registred civil partnership considered equivalent to marriage.
- Direct descendants that are under 21 or dependant.
- direct ascendants that are dependants