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Flashcards in EU Law - Citizenship Deck (283):
1

O, S and L judgment

Test of deprivation from Zambrano only 'exceptionally' met, but no need for blood relation. Degree of dependency vital

2

who said Right to vote is a normal incident of EU citizenship

Shaw

3

Morgan and Bucher judgment

Okay to require integration but needs to be proportionate - why wasn't growing up there enough to show integration?

4

what case left room for future development of EU citizenship concept?

Grzelczyk

5

When was the Maastricht Treaty?

1992

6

permanent residence of family members of deceased/departed EU citizens - instrument

Article 12 Directive 2004/38

7

No taking account of periods of imprisonment for Article 16 Directive 2004/38

Onuekwere

8

Name at least two of the rights in Article 20(2) TFEU

FM, right to vote and be voted for and protection of diplomatic authorities

9

Why were the mother and daughter in Alimanovic not protected by C Directive?

Longer than 6 months since left their job, not a jobseeker and didn't fulfil conditions

10

Ruiz Zambrano AG opinion

AG Sharpston gave a longer reasoning of right to move and of residence being independent, more explanatory than ECJ

11

Dereci judgment on family reunification

Economically desirable reason for wanting non-EU relatives to reside did not mean EU national was 'forced' to leave if not granted

12

Article 25 TFEU

Commission must report every 3 years on application of provisions, Council can adopt provisions to strengthen or add to Article 20(2)

13

Zhu and Chen v SoS for HD general

Irish child, Chinese national, Wales

14

Belgian surname, prohibiting change to Spanish

Garcia Avello

15

Bidar judgment

Introduction of EU citizenship in Maastricht meant maintenance grants fell within Article 18 TFEU, sidelining Article 24(2) Directive 2004/38

16

Morgan and Bucher general

Study finance abroad, one year higher education in Germany

17

What instruments gives a Right to petition EU P, apply to Ombudsman and receive a reply in official language originally written in

Article 24 TFEU

18

Rottman general

Neutralisation, one citizenship in both Germany and Austria

19

What case entitled jobseekers to benefits to 'facilitate access to employment'?

Collins

20

What was Austria's response to Commission v Austria?

More restrictive rules imposed

21

What Article gives a non-exhaustive list of social and political rights EU citizens have?

Article 20(2) TFEU

22

What cases showed that as long as an individual is lawfully resident, they need to receive equal treatment under Articles 20 and 21 TFEU with nationals

Martinez Sala; Trojani

23

What case stated test of deprivation from Zambrano only 'exceptionally' met?

O, S and L

24

Quota system for medical degree to ensure Belgian graduates

Bresol

25

Shaw on EU citizenship

'Post-national citizenship', making rights peculiar to new political entity and supranational system

26

Haberman

EU citizenship is more about EU setting out and trying to share its values with Members and citizens

27

Baumbast judgment

Article 20(1) confers DE regardless of employed/self-employed. Introduced proportionality as legal consequence of moving to Treaty basis

28

Commission v Austria judgment

Unjustified indirect discrimination

29

Name at least three cases showing the impact of Articles 20 and 21 TFEU on students

Gravier; Grzelczyk; Bidar; Forster; Morgan and Bucher; Prinz and Seeberger; Commission v Austria; Bresol

30

Alokpa judgment

Children needed to satisfy Zambrano to rely on Treaty rights

31

Unsecured private debt exceeding X threshold, couldn't leave

Byankov

32

What are the conditions on Article 7(1) Directive 2004/38 residence?

Comprehensive sickness insurance and adequate resources not to be a burden, OR economically active

33

National residence restrictions prima facie breach Article 20

Tas-Hagen

34

Rottman judgment

Measures need to have due regard to EU law, falling within EU law as HAD citizenship but lost it

35

Effectiveness of Article 20

Directly effective and autonomous right of movement and residence

36

Marshall on EU citizenship

Cannot be captured by traditional components of citizenship

37

what case confirmed Collins?

Vatsouras

38

Tas-Hagen

National residence restrictions prima facie breach Article 20

39

Grzelczyk on impact of Articles 20 and 21 on students

Although Directive prohibits certain benefits, student can still rely on Article 18 TFEU

40

What measure gives Enhanced protection against expulsion to citizen with 5 years permanent residence?

article 28(2) Directive 2004/38

41

Article 17 Directive 2004/38

More favourable provisions for pensioners, disabled and frontier workers

42

Byankov judgment

Article 21 precluded such a measure, and disproportionate under Article 27 even if it wasn't purely for economic ends

43

Name at least two cases on family reunification claims showing limited notion of 'wholly internal'

Ruiz Zambrano; McCarthy; Dereci; O, S and L; Alokpa

44

Article 14(3) Directive 2004/38

Codifies Grzelczyk - no automatic expulsion as consequences of recourse to social assistance scheme

45

Who sees EU citizenship as making rights peculiar to a new political and supranational entity?

Shaw

46

Bickel and Franz judgment

Exercising FM so no discrimination allowed

47

What Article defines 'sufficient resources' for Article 7(1) Directive 2004/38?

Article 8(4)

48

Armed Islamic Group, UK refusing entry

ZZ

49

What instrument gives right to remain after divorce?

Directive 2004/38 Article 13

50

Pusa, per AG Jacobs

Complimented non-discrimination with restrictions-based approach - need to justify ANY burden on citizen exercising FM

51

Lebon general

Over 21 and not dependent

52

What case stated that the automaticity of the rule revoking permit for reliance on social benefit didn't allow assessment, and thus didn't comply with EU law

Brey

53

What case stated right of jobseeker is general right of equal treatment?

Collins

54

What instrument makes it clear EU citizenship is not a supranational ego of national citizenship, but derived?

Article 20(1) TFEU

55

Ruiz Zambrano general

EU children to be deported with non-EU parents

56

Bidar after Grzelczyk

Restated 'unreasonable burden' but allowed Member to require a 'degree of integration'

57

Hungary v Slovakia general

President of Hungary not allowed in

58

Article 45 EU Charter

Right to FM and residence

59

O&B

Abuse under Article 35 Directive 2004/38 requires subjective and objective elements - purpose of rules not achieved AND intention to artificially create conditions to rely on rights

60

Gaydarov general

Drug-trafficking, couldn't leave

61

What case originally showed equal treatment only applies to jobseekers in access to employment, not all advantages under Article 45 TFEU?

Lebon

62

How did ECJ in McCarthy distinguish from Zambrano and Avello?

No need to leave EU by not granting right, and did not lead to personal inconvenience

63

Over 21 and not dependent

Lebon

64

Hungary v Slovakia judgment

Limitation from international rather than EU law, justified limitation on Article 20 rights

65

Article 8(4) Directive 2004/38

'Sufficient resources' needs to take personal situation into account and not be higher than minimum social security

66

What case gave a much more expansive notion of EU citizenship than Article 20(1) TFEU?

Grzelczyk

67

EU children to be deported with non-EU parents

Ruiz Zambrano

68

D'Hoop general

Tideover allowance

69

What was the objective element of fraud stated in O & B?

Purpose of rules not achieved

70

D'Hoop judgment

Non-discriminatory but disadvantage to those exercising FM, without justification

71

Article 7(1) Directive 2004/38

conditional residence (3 months to 5 years)

72

Article 13 Directive 2004/38

Right to remain after divorce

73

How long is conditional residence under article 7(1) Directive 2004/38?

3 months to 5 years

74

Commission v Austria general

Secondary diplomas from other Members, further authorisation

75

Garcia Avello general

Belgian surname, prohibiting change to Spanish

76

Forster

Retreat from Bidar - legitimate and proportionate to impose 5 year qualifying period

77

Who said EU citizenship cannot be captured by traditional components of citizenship?

Marshall

78

Italian criminal proceedings, German and Austrian, German proceedings

Bickel and Franz

79

Lisbon Treaty

linked citizenship closer to prohibition of discrimination and situated in context of emphasis on representative democracy

80

What two cases did the ECJ have to distinguish in McCarthy?

Zambrano and Avello

81

Name at least two cases showing how Article 20 and 21 TFEU have worked with permanent residence under Directive 2004/38

Lassal; Ziolkwoski and Szeja; Onuekwere

82

Commission v Belgium general

Failing to produce documents, expulsion

83

Tsakouridis judgment

National court decide if absences remove Article 28(3) protection, and proportionality for if drug-trafficking constitutes 'public security' for Article 28(2) Directive

84

Non-payment of tax liability, couldn't leave

Aldzhov

85

Secondary diplomas from other Members, further authorisation

Commission v Austria

86

What case shows limitations on Article 20 do not always come from EU law?

Hungary v Slovakia

87

What case originally states citizenship was WHOLLY determined by national law?

Micheletti and Others

88

Vatsouras judgment

Widened Article 45 to include jobseekers' social assistance, limiting Article 24 by removing such benefits if intended to facilitate access to labour market

89

Tsakouridis general

Drug-trafficking constituted 'public security' and absences remove Article 28(3) Directive protection?

90

Citizenship 'is destined to be the fundamental status of nationals of the Member States'

Grzelczyk

91

Frenchman in Belgian Salvation Army reintegration programme

Trojani

92

Article 20(2) TFEU

Gives non-exhaustive list of social and political rights citizens have, including FM, right to vote and protection of authorities

93

Study finance abroad, one year higher education in Germany

Morgan and Bucher

94

What section of what instrument gives more favourable provisions for pensioners, disabled and frontier workers?

Article 17 Directive 2004/38

95

What instrument showed a clear political dimension to EU citizenship?

Maastricht Treaty 1992

96

General 3 month right of residence but no unreasonable burden (elaboration on Article 6)

Article 14 Directive 2004/38

97

What case shows court moving to an 'effet utile' approach on Article 20 TFEU?

Ruiz Zambrano

98

Lack of fulfilment of C Directive conditions automatically showed 'unreasonable burden'

Alimanovic

99

Name at least two cases showing the impact of Articles 20 and 21 TFEU on non-economically active persons

Martinez Sala; Trojani; Brey; Dano v Jobseeker Leipzig

100

What derogations can a member impose on Article 20?

On grounds of public policy, security or health

101

What AG in Pusa complimented non-discrimination with restrictions-based approach?

AG Jacobs

102

What case showed there is no need to individually assess if C is an unreasonable burden?

Alimanovic

103

Romanian and non-economically active, unlimited residence in Germany with son

Dano v Jobseeker Leipzig

104

Aldzhov judgment

Restrictive measure on exit had to satisfy necessity and proportionality but could be allowed

105

Bresol judgment

Prima facie within Articles 18 and 21, but allowed exception if specific evidence showed actual risk to public health service, HELPED by quota system

106

Eman and Sevinger

Can subject political rights to residence requirement but need equal treatment

107

How can you describe the concept of EU citizenship?

'Essentially contested'

108

Gottwald general

Annual toll disc, disabled, residence requirement

109

ZZ general

Armed Islamic Group, UK refusing entry and avoiding full evidence under Article 30 Directive

110

Spanish national in Germany, not working, child-raising allowance

Martinez Sala

111

What case took D'Hoop further?

Collins

112

What case showed Article 16 Directive 2004/38 cannot be relied upon unless 5 years were lawful residence under Article 7 conditions?

Ziolkwoski and Szeja

113

Bickel and Franz general

Italian criminal proceedings, German and Austrian, German proceedings

114

what did the judgment in Commission v Austria lead to and why?

political storm due to fear of influx of students from neighbouring countries like Germany

115

What case found 'unreasonable burden' needed before could remove rights in Directive 2004/38

Grzelczyk

116

Article 7(3) Directive 2004/38

Extension of 3 months residence for jobseekers who have applied as such and are involuntarily unemployed

117

Byankov general

Unsecured private debt exceeding X threshold, couldn't leave

118

Extension of 3 months residence for jobseekers who have applied as such and are involuntarily unemployed

Article 7(3) Directive 2004/38

119

Neutralisation, one citizenship in both Germany and Austria

Rottman

120

'Ultra-enhanced' protection against expulsion to citizen with 10 years permanent residence

Article 28(3) Directive 2003/48

121

What was the only way the national court could avoid giving social assistance in Trojani?

Revoke permit, but needed to be proportional

122

Dano v Jobseeker Leipzig judgment

Required lawful residence UNDER DIRECTIVE, not just national law

123

Micheletti and Others

Citizenship WHOLLY determined by national law

124

What case shows courts sidestepping conditions in Directive 2004/38 and how?

Grzelczyk - allowing reliance on Article 18 TFEU when blocked under Directive

125

What two cases show students and jobseekers can sidestep Article 24 Directive?

Vatsouras and Bidar

126

Article on conditional residence under Directive 2004/38

Article 7(1)

127

Greek nationals with unclear economic status

Vatsouras

128

Who wrote the Open Europe pamphlet?

Chalmers and Booth

129

McCarthy general

Irish and British national, jamaican husband, never left

130

'Tideover' allowance

D'Hoop

131

What case shows ECJ allowing lawful residence on national rules, even if not under C Directive?

Martinez Sala

132

What are courts now putting an emphasis on in the area of FM and right of residence?

Member's ability to say no based on non-compliance with conditions in the Directive

133

What section of what instrument gives right of permanent residence after 5 years, and states equal treatment right?

Article 16 Directive 2004/38

134

Prinz and Seeberger judgment

Disproportionate to require permanent residence through 3 years in host prior to starting studies

135

Article 23 TFEU

Right to diplomatic protection in a 3rd country

136

What restriction did they allow in Bidar?

Restriction on Article 20 and 21 TFEU to show integration

137

PI

Sexually exploiting children can fall under 'imperative grounds of public policy' (Article 28(3))

138

what case showed a backtrack from Trojani on lawful residence?

Dano v Jobseeker Leipzig

139

President of Hungary not allowed in

Hungary v Slovakia

140

What AG gave a more reasoned explanation for outcome in Zambrano?

AG Sharpston

141

Factual requirement of 'dependence' for Article 7(1), to be determined in each case

Flora May Reyes

142

Article 12 Directive 2004/38

permanent residence of family members of deceased/departed EU citizens

143

Ten years is counted from date of expulsion for Article 28(3) Directive

MG

144

Article 35 Directive 2004/38

State right to withdraw Directive right in case of 'abuse of rights of fraud, such as marriages of convenience'

145

MG

Ten years is counted from date of expulsion for Article 28(3) Directive

146

What Article and measures gives permanent residence after 5 years continuous residence, not subject to conditions of resources or insurance in Article 7

Article 16 Directive 2004/38

147

Drug-trafficking, couldn't leave

Gaydarov

148

ZZ judgment

UK only had to give strictly necessary info

149

What does Council need to strengthen or add to Article 20(2) under Article 25 TFEU?

Unanimous decision and may require constitutional amendment at national level

150

Name the four articles in what instrument covering political rights of EU citizens

Articles 22 - 25 TFEU

151

What article in what instruments gives State right to withdraw Directive right in case of 'abuse of rights of fraud, such as marriages of convenience'?

Article 35 Directive 2004/38

152

'Post-national citizenship'?

Shaw

153

What case shows a further retreat from Zambrano, after McCarthy?

Dereci

154

Alimanovic judgment

Lack of fulfilment of C Directive conditions automatically showed 'unreasonable burden', and thus no need for individual assessment on that point

155

What case stated that periods started/completed before transposition of Article 16 Directive 2004/38 should be taken into account?

Lassal

156

Name two cases/measures which have suggested Article 20(1) TFEU no longer represents the derived concept of EU citizenship

Grzelczyk and Open Europe pamphlet by Chalmers and Booth

157

Article 16 Directive 2004/38

Right of permanent residence after 5 years, equal treatment

158

D'Hoop general

'Tideover' allowance, secondary school in France but Belgian national

159

Name at least two cases showing how Articles 20 and 21 TFEU have enhanced challenging rights of citizens on restrictive measures

Gaydarov; Byankov; Aldzhov; ZZ

160

Article 24 Directive 2004/38

Equal treatment, but no need for social assistance in first 3 months, not during extended jobseeker period

161

D'Hoop judgment

Discrimination through exercise of FM and disproportionate

162

What case shows past case law allowed right of residence under Member law to be sufficient for reliance on non-discrimination, unlike Alimanovic?

Martinez Sala

163

Citizenship Directive 2004/38 general

Conditions on FM of economically inactive citizens, requiring sufficient resources and comprehensive sickness insurance

164

Article 24 TFEU

Right to petition EU P, apply to Ombudsman and receive a reply in official language originally written in

165

what case confirmed Baumbast's effet utile, DE and proportionality approach to Article 20 TFEU?

Zhu and Chen v SoS for HD

166

Flora May Reyes

Factual requirement of 'dependence' for Article 7(1), to be determined in each case

167

Ruiz Zambrano judgment for family reunification

Minimally reasoned effectiveness approach

168

Why was Article 24 Directive 2004/38 implemented?

In response to fears of 'benefits tourism'

169

O, S and L general

EU children, third-country parent but not dependent

170

Article 16 Directive 2004/38

Permanent residence after 5 years continuous residence, not subject to conditions of resources or insurance in Article 7

171

who said EU citizenship is more about EU setting out and trying to share its values with Members and citizens

Haberman

172

What case states that 'abuse' for Article 35 Directive 2004/38 requires both subjective and objective elements?

O&B

173

Gottwald judgment

Justified by ensuring connection between society and recipient

174

In what case was the Commission v Austria: diplomas issue resolved?

Bresol

175

Vatsouras general

Greek nationals, unclear economic status

176

What conditions can a Member impose on Article 20 TFEU and from where?

Conditions of financial and health insurance from Article 7(1) Directive 2004/38

177

Why was it doubted children would satisfy Zambrano in Alokpa?

Could have just moved to France

178

Runevic-Vardyn general

Lithuania, Polish, roman characters of Lithuanian only

179

What case stated no need for blood relation when claiming for family reunification under Articles 20 and 21 TFEU?

O, S and L

180

Article 14(3) Directive 2004/38 codified what?

Grzelczyk

181

What two cases show TFEU does not cover 'wholly internal' situations?

Kremzow and Uecker

182

How was the measure justified in Runevic-Vardyn?

To protect national language under Article 4 ECHR

183

Why was the measure disproportionate in Byankov?

Purely for economic ends, but would have been disproportionate even if not for that

184

Irish child, Chinese national, Wales

Zhu and Chen v SoS for HD

185

Grzelczyk on Directive 2004/38

Needed to be an 'unreasonable burden', as found in preamble, but never going to make such a high threshold

186

Grzelczyk general

Student benefit

187

Collins general

Right of jobseeker is general right of equal treatment, entitling them to benefits to 'facilitate access to employment'

188

What article in particular did the court effectively sideline in Bidar?

Article 24(2) Directive 2004/38

189

Ziolkwoski and Szeja

Need 5 years LAWFUL residence, in compliance with Article 7, before Article 16 Directive 2004/38 can be satisfied

190

Prinz and Seeberger general

Required permanent residence through 3 years in host prior to starting studies

191

Onuekwere

No taking account of periods of imprisonment for Article 16 Directive 2004/38

192

What does the more restrictive approach of the ECJ in the area of free movement and right of residence show in terms of ECJ attitude?

More respect for EU legislation

193

Why is it not unreasonable for ECJ to show more respect for EU legislation?

Legislation there bc of Member concern so should be considered and not subverted

194

Lassal

In Article 16 Directive 2004/38, take into account periods started/completed before transposition

195

Sufficient resources as soon as 3 months ended

Brey

196

Gaydarov judgment

Needed to satisfy proportionality/JR/sufficiently serious, but otherwise measure allowed under Article 21 TFEU

197

Grzelczyk on citizenship general

Citizenship 'is destined to be the fundamental status of nationals of the Member States'

198

Annual toll disc, disabled, residence requirement

Gottwald

199

Non-EU mother, French children dependent in Luxembourg

Alokpa

200

Article 6 Directive 2004/38

Unconditional residence (max 3 months)

201

Columbian, moved to Asia and Africa to work but still supporting family in UK, refusal to renew

Baumbast

202

Lebon judgment

Equal treatment only applies to jobseekers in access to employment, not advantages under Article 45 TFEU

203

What instrument gives citizens a passive and active right to vote?

Article 22 TFEU

204

Enrolment fee for non-Belgians, strip-cartoon art, French national

Gravier

205

Garcia Avello judgment

Serious professional and personal inconvenience due to divergence on official documents

206

In what two areas have Articles 20 and 21 enhanced challenging rights of citizens on restrictions?

Non-discriminatory measures and restrictive measures

207

What case shows a retreat from Bidar boldness?

Forster

208

Alimanovic general

Swedish mum and daughter, Germany, temporary jobs

209

What instrument allows Council to adopt provisions to strengthen or add to Article 20(2)?

Article 25 TFEU

210

What case stated that there was no need to revoke residence permit given on national laws to refuse benefit under Directive?

Dano v Jobseeker Leipzig

211

Trojani judgment

Lawfully resident under belgian law (even if not under Directive 2004/38) meant they could claim social assistance

212

What instrument linked citizenship closer to prohibition of discrimination and situated in context of emphasis on representative democracy?

Lisbon Treaty

213

Article 28(3) Directive 2003/48

'Ultra-enhanced' protection against expulsion to citizen with 10 years permanent residence

214

What did Directive 2004/38 introduce, departing from previous status given to X?

Treaty-based right of FM and residence rather than merely legislative

215

What case widened Article 45 to include jobseekers' social assistance?

Vatsouras

216

How did the court limit the financial consequences of their decision in Gravier?

Restricted interpretation of 'non-discrimination' in 'conditions of access' so maintenance and training grants were not covered - ONLY ACCESS

217

Article on unconditional residence under Directive 2004/38

Article 6

218

Article 22 TFEU

Passive and active right to vote

219

Runevic-Vardyn judgment

Rules on details on domestic certificates need to comply with Treaty

220

Martinez Sala judgment

Lawfully resident = equal treatment with nationals

221

Required permanent residence through 3 years in host prior to starting studies

Prinz and Seeberger

222

Article 14 Directive 2004/38

General 3 month right of residence but no unreasonable burden

223

What are the conditions imposed on students wanting residence under Articles 20 and 21 TFEU, and where can they be found?

Comprehensive sickness insurance and adequate resources not to be a burden, Article 7 Directive 2004/38

224

What did the Commission say of EU Directive 2004/38?

'Single legal regime for FM and residence'

225

what case shows a departure from Lebon?

Collins

226

Ruiz Zambrano judgment for effectiveness

Move to 'effet utile' approach - Article 20 precludes national measures ESSENTIALLY depriving C of substance of rights

227

What Treaty was signed in 1992?

Maastricht

228

McCarthy judgment

Directive 2004/38 does not cover citizen who has never exercised FM right

229

What case showed 'sickness insurance' could not be interpreted restrictively and why?

Baumbast - because proportionality now relevant with FM on a Treaty basis

230

What is the view of EU Citizenship now, really?

Citizens see FM as immigration, so second tier idea of Citizenship is more of a normative view

231

how long is unconditional residence under Article 6 Directive 2004/38?

Max 3 months

232

Baumbast general

Columbian, moved to Asia and Africa to work but still supporting family in UK, refusal to renew

233

Kremzow and Uecker

ECJ ruled TFEU did not cover 'wholly internal' situations

234

Name at least two cases showing impact of Articles 20 and 21 TFEU on jobseekers

D'Hoop; Lebon; Vatsouras; Collins

235

What section of what instruments states equal treatment, but no need to give social assistance in first 3 months nor during extended jobseekers period?

Article 24 Directive 2004/38

236

Gravier general

Enrolment fee for non-Belgians, strip-cartoon art, French national

237

What is the exercise of rights in Article 20(2) based on, usually?

Secondary legislation like Directive 2004/38

238

What two cases suggest citizenship is not wholly determined by national law?

Rottman and Ruiz Zambrano

239

What case shows that despite Tas-Hagen, residence restrictions/requirements may be justified under Article 20?

Gottwald

240

Who argued right to move and right of residence were independent and in what case?

AG Sharpston in Zambrano

241

Zhu and Chen v SoS for HD judgment

Not wholly internal situation due to Irish nationality of child - mother not dependent but effet utile approach

242

Name at least two cases showing how Articles 20 and 21 have enhanced challenging rights of citizens on non-discriminatory restrictive measures

Bickel and Franz; Tas-Hagen; Gottwald

243

What specifically did Cameron seek in his letter to Donald Tusk?

Qualifying period of 4 years before economic/social advantages can be accessed

244

What case confirmed Bidar in the scope of jobseekers on Article 45 TFEU rights despite Article 24 Directive 2004/38?

Vatsouras; Collins

245

What is a current expression of the ideas in Open Europe pamphlet?

Conservative G, Cameron letter to Tusk

246

Failing to produce documents, expulsion

Commission v Belgium

247

What was the justification in Hungary v Slovakia?

Performing duties as head of state

248

Maastricht Treaty 1992

'Ever closer union'

249

Brey judgment

Automaticity of rule didn't allow assessment, so didn't comply with EU law

250

What was proposed in the Open Europe pamphlet?

New Directive to affirm national citizenship is supreme, and integration threshold before migrant can claim benefits

251

What did the court allow in Bidar?

Member to require a 'degree of integration' before rights under Directive 2004/38

252

Dano v Jobseeker Leipzig general

Romanian and non-economically active, unlimited residence in Germany with son

253

Brey general

Sufficient resources as soon as 3 months ended

254

In what two categories have ECJ been increasingly willing to find a situation is NOT wholly internal?

Family reunification claims and dual nationality/ethnicity

255

Sexually exploiting children can fall under 'imperative grounds of public policy' (Article 28(3))

PI

256

Swedish mum and daughter, Germany, temporary jobs

Alimanovic

257

Martinez Sala general

Spanish national in Germany, not working, child-raising allowance

258

What part of what instrument codified Grzelczyk on prohibition of automatic expulsion for recourse to social assistance?

Article 14(3) Directive 2004/38

259

EU children, third-country parent but not dependent

O, S and L

260

Name two cases under dual nationality/ethnicity expansion of 'wholly internal'?

Garcia Avello and Runevic-Vardyn

261

What case stated that an economically desirable reason for wanting non-EU relative to reside did not mean EU national was 'forced' to leave if not granted?

Dereci

262

What did the claimant in Dano v Jobseeker apply for?

Special non-contributory cash benefit

263

Lithuania, Polish, roman characters of Lithuanian only

Runevic-Vardyn

264

What three cases show Article 21 TFEU precludes a restrictive measure on exit?

Byankov, Gardarov and Aldzhov

265

What case was decided before Directive 2004/38, but essentially supports judgment in Trojani from after?

Martinez Sala

266

article 28(2) Directive 2004/38

Enhanced protection against expulsion to citizen with 5 years permanent residence

267

Shaw on Article 22 TFEU

Right to vote is a normal incident of EU citizenship

268

What did the court require for justification to restriction under Article 18 and 21 in Cresol?

specific evidence showing actual risk to public health service, HELPED by quota system

269

What was the subjective element of fraud stated in O & B?

Intention to artificially create conditions to rely on rights

270

What does the more restrictive approach of ECJ in right of residence show about Citizenship status?

move away from 'fundamental status' towards equality with national citizenship

271

Aldzhov general

Non-payment of tax liability, couldn't leave

272

Gravier judgment

Prohibited from discriminating by Article 18 TFEU

273

Commission v Belgium judgment

automatic deportation was a disproportionate measure for failing to produce relevant residence documents in time given

274

Vatsouras and Bidar on Article 24

Students and jobseekers sidestep Article 24 Directive 2004/38 through Article 18 and 45 TFEU

275

Alokpa general

Non-EU mother, French children dependent in Luxembourg

276

What case followed Grzelczyk on impact of Articles 20 and 21 on students?

Bidar

277

What case shows national G relying on Article 4 ECHR to justify restriction on Article 20/21 TFEU

Runevic-Vardyn

278

Bidar general

UCL Law student

279

Trojani general

Frenchman in Belgian Salvation Army reintegration programme

280

Bresol general

Quota system for medical degree to ensure Belgian graduates

281

Can subject political rights to residence requirement but need equal treatment

Eman and Sevinger

282

Article 20(1) TFEU makes what clear

Citizenship is a derived concept from being a citizen of a Member

283

What case stated degree of dependency is vital for case of family reunification under Articles 20 and 21 TFEU?

O, S and L

Decks in Law Second Year Class (74):