EU Law - Citizenship Flashcards
(283 cards)
1
Q
O, S and L judgment
A
Test of deprivation from Zambrano only ‘exceptionally’ met, but no need for blood relation. Degree of dependency vital
2
Q
who said Right to vote is a normal incident of EU citizenship
A
Shaw
3
Q
Morgan and Bucher judgment
A
Okay to require integration but needs to be proportionate - why wasn’t growing up there enough to show integration?
4
Q
what case left room for future development of EU citizenship concept?
A
Grzelczyk
5
Q
When was the Maastricht Treaty?
A
1992
6
Q
permanent residence of family members of deceased/departed EU citizens - instrument
A
Article 12 Directive 2004/38
7
Q
No taking account of periods of imprisonment for Article 16 Directive 2004/38
A
Onuekwere
8
Q
Name at least two of the rights in Article 20(2) TFEU
A
FM, right to vote and be voted for and protection of diplomatic authorities
9
Q
Why were the mother and daughter in Alimanovic not protected by C Directive?
A
Longer than 6 months since left their job, not a jobseeker and didn’t fulfil conditions
10
Q
Ruiz Zambrano AG opinion
A
AG Sharpston gave a longer reasoning of right to move and of residence being independent, more explanatory than ECJ
11
Q
Dereci judgment on family reunification
A
Economically desirable reason for wanting non-EU relatives to reside did not mean EU national was ‘forced’ to leave if not granted
12
Q
Article 25 TFEU
A
Commission must report every 3 years on application of provisions, Council can adopt provisions to strengthen or add to Article 20(2)
13
Q
Zhu and Chen v SoS for HD general
A
Irish child, Chinese national, Wales
14
Q
Belgian surname, prohibiting change to Spanish
A
Garcia Avello
15
Q
Bidar judgment
A
Introduction of EU citizenship in Maastricht meant maintenance grants fell within Article 18 TFEU, sidelining Article 24(2) Directive 2004/38
16
Q
Morgan and Bucher general
A
Study finance abroad, one year higher education in Germany
17
Q
What instruments gives a Right to petition EU P, apply to Ombudsman and receive a reply in official language originally written in
A
Article 24 TFEU
18
Q
Rottman general
A
Neutralisation, one citizenship in both Germany and Austria
19
Q
What case entitled jobseekers to benefits to ‘facilitate access to employment’?
A
Collins
20
Q
What was Austria’s response to Commission v Austria?
A
More restrictive rules imposed
21
Q
What Article gives a non-exhaustive list of social and political rights EU citizens have?
A
Article 20(2) TFEU
22
Q
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
A
Martinez Sala; Trojani
23
Q
What case stated test of deprivation from Zambrano only ‘exceptionally’ met?
A
O, S and L
24
Q
Quota system for medical degree to ensure Belgian graduates
A
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
