Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

EU Law > Free movement of citizens > Flashcards

Free movement of citizens Flashcards

(66 cards)

Start Studying
1
Q

Historical context: 5 stages

A
  1. ECC TREATY: Established free movement and residence for economic actors
  2. FREE MOVEMENT OF PERSONS DIRECTIVES: From 1990 limited rights were given to nationals who were non-economic actors
  3. TREATY OF MAASTRICHT 1993: Formally introduces Citizenship of the Union
  4. CITIZENS RIGHTS DIRECTIVE (CRD) 2004/38: From 30 April 2006 provided a legal framework for citizens to exercise their right to move and reside freely.
  5. TREATY OF LISBON: Introduces Art 3(2) TEU which introduced the notion of free movement of persons within the area of freedom, security and justice (AFSJ)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Treaty Provision: Prohibition of discrimination

A

Art 18 TFEU

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Treaty Provision: Establishment of citizenship of the union in addition to national citizenship, MSs autonomy of granting nationality

A

Art 20(1) TFEU

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Treaty Provision: Citizens shall enjoy the rights and be subject to the duties provided for in the Treaties

A

Art 20(2) TFEU

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Treaty Provision: Right to move and reside freely within the territory

A

Art 21(1) TFEU

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Treaty provisions: Free movement of workers and the self employed

A

Arts 45, 49, 56 TFEU

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

6 Key issues to consider

A
  1. The personal scope of union citizenship
  2. Categories of EUC
  3. Right of residence in the host MS
  4. Right to enjoy equal treatment
  5. Parallel rights of family members of EUCs
  6. Restrictions on the right of entry and residence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Micheletti

A

Q1: Personal scope of union citizenship: Art 20(1)

M dual national, Argentinian and Italian
Had never lived in Italy, moved to Spain.
Spain refused to recognise him as Italian as had a rule that only recognised the nationality of the citizen where he was habitually resident
CJEU held that this rule could not apply- had to recognise him as an EU citizen die to mutual recognition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Uercker & Jacquet (Personal scope of citizenship)

A

Q1: Personal scope of union citizenship:

EUCs themselves must exercise their free movement rights in order to activate the protection of free movement law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Baumbast (Personal scope)

A

Q1: Personal scope of union citizenship:

Art 21(1) TFEU Creates a directly effective right of free movement and residence for EUCs, derived from the EUC’s nationality of a MS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Rottman

A

Q1: Personal scope of union citizenship: Art 20 (enjoyment of EU rights)

Withdrawal of national citizenship is subject to the general principles of such as proportionality and fundamental rights, as this is the basis for acquiring the fundamental status of EU citizenship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Zambrano

A

Q1: Personal scope of union citizenship: Art 20 (enjoyment of EU rights)

If a TCN has dependant children who are EU citizens, the refusal of residence, work permits etc will have the effect of depriving citizens of the union of the genuine enjoyment of their rights as union citizens under art 20 as it must be assumed that the children must otherwise have to leave the EU with their parents

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Singh

A

Q1: Personal scope of union citizenship: Right of Exit, Entry, Re-Entry

German national was entitled re-enter country with TCN husband in order to exercise her right to family life

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

De Cuyper

A

Q1: Personal scope of union citizenship: Right of Exit, Entry, Re-Entry

In order to get unemployment benefit, a belgian citizen had to be available for work in Belgium
This was held to be incompatible with the right of exit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Citizens Rights Directive

A

2004/38/EC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Rights of exit, entry and re-entry

A

Arts 4, 5 CRD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Provision setting out different categories of EUCs

A

Art 7(1) CRD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Provision: An EUC cannot be expelled simply for having recourse to the social assistance system

A

Art 14(3) CRD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Provision: entitlement to maintenance aid provided by the host MS for studies, including vocational training

A

Art 24(2) CRD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Provision: Conditions in which a worker/self employed person may achieve permanent residence status before completing the normal 5 year qualifying period

A

Art 17 CRD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Trojani

A

Q2 Categories of EUCs: Definition of a worker

Any person who pursues activities which are real and genuine
Performs services in return for remuneration
Employed workers must also be in a relationship of subordination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Vatsouras (Workers)

A

Q2 Categories of EUCs: Definition of a worker

CJEU leaves determination of whether there is an employment relationship to the national court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Provision: Circumstances in which a worker/CRD will retain their status once they are no longer working

A

Art 7(3) CRD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Antonissen

A

Q2 Categories of EUCs: Work seekers
Pre CRD

Work seekers can fall within the notion of a worker within art 45 TFEU, despite its wording only referring to workers moving to another MS to ‘accept offers of employment’
However they do not receive full rights of workers under reg 492/2011

(codified and revised by CRD)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Free movement of workers within the union regulation
492/2011
26
Collins (Categories of workers)
Q2 Categories of EUCs: Work seekers Pre CRD MS can require a real link between the applicant and the labour market of the MS before qualification for a job seeking benefit: Must establish that the person concerned has, for a reasonable period, genuinely sought work in the MS in question If can establish a real link, EUC is entitled to financial assistance intended to facilitate access to the labour market (codified and revised by CRD)
27
Ioanndis
Q2 Categories of EUCs: Work seekers Pre CRD Real link test in Collins must be applied subject to the principle of proportionality (codified and revised by CRD)
28
Vatosouras (Work Seekers)
Q2 Categories of EUCs: Work seekers The fact that an MS is not obliged to offer social assistance or student loans can be reconciled with the real link test in Collins as social assistance doesn’t include a job seeking benefit- this is concerned with labour market access rather than social assistance so has a link with Art 45.
29
Provision: Students can be accompanied/ joined be family members but this does not include ‘depending direct relatives in the ascending line’ i.e parents, grandparents.
Art 7(4) CRD
30
Provision: After completing their studies, ex-students can remain in the host MS as work seekers, or become workers/self employed, or otherwise survive until they require permanent residence
Art 14(2) CRD
31
Types of people included in the residual category of non-economically active EUCs (Art 7(1)(b) CRD)
Retured people | Wealthy, non-economic free movers
32
Baumbast (Categories of EUCs)
Q2 Categories of EUCs: Requirement for comprehensive health insurance German national living in UK with family but working in Germany, did not receive any social benefits. UK sought to expel him as his medical insurance policy required him to travel to Germany for non-emergency treatment Held that the requirement not to become a burden on the state was subject to proportionality
33
Relevant provisions: Right of residence in the host MS from entry to 3 months
Art 6 CRD: Only requirement is to hold a valid ID card or passport Applies to EUCs, and TCN FMs ‘accompanying or joining them’
34
Wijsenbeek
Q3 Right of residence in the host MS: Entry to 3 months MSs are free to retain ID check to verify whether someone is an EU citizen at the border
35
Oulane
Q3 Right of residence in the host MS: Entry to 3 months Right of residence cannot be conditional on the possession of a passport No further formalities can be required once a citizen has verified their status
36
Relevant provisions: Right of residence in the host MS for more than 3 months
Art 7 CRD: employment categories of rights Art 8 CRD: MS can require registration of EU citizens after 3 months residence Arts 9-11 CRD: TCN FMs of EUCs must apply for a residence permit valid for 5 years from the date of issue Art 25 CRD: Documents are evidence of the right of EU citizenship not a precondition for the exercise of that right
37
Relevant provisions: Right of permanent residence
Regulation 492/2011: Introduced right Art 16 CRD: ‘continuous legal residence of 5 years’ (Includes temporary absences not exceeding 6 months out of the year) Can be lost after being away from host MS after more than 2 years Art 17 CRD: : Shorter periods of qualification available for workers and the self-employed who are no longer working in the host MS and their FMs
38
Lassal
Q3 Right of residence in the host MS: Permanent residence If were resident in a host MS starting before 2006 when provision came into being, then can still claim for permanent residence
39
Ziolkowski
Q3 Right of residence in the host MS: Permanent residence Lassal applies even if MS has not been a member of the EU for 5 years
40
Onuekwere
Q3 Right of residence in the host MS: Permanent residence Periods in prison will interrupt the continuity of legal residence in the host MS Justification: MS is entitled to take into account any issue of integration- the imposition of a prison sentence shows a non-compliance with the values expressed by the society of the host MS
41
Provision: provisions of the CRD apply to family members of EUCs who accompany or join them
Art 3(1) CRD
42
Metock (family members)
Q5: Parallel rights of family members of EUCs FM can be EUC or TCN
43
Provision: Definition of 'family memnbers'
Art 2 CRD
44
Rationale for the parallel rights of FMs
Market access- if EUC is prevented from enjoying normal family life may deter them from exercising their right of free movement
45
Uecker and Jacquet (Rights of FMs)
Q5: Parallel rights of family members of EUCs Family rights are DERIVATIVE of the EUC's rights therefore: There must be an EUC on which to hand FMs rights Must be a link with EU law
46
Diatta
Q5: Parallel rights of family members of EUCs Full mutual recognition of marriage must apply Spouse will be entitled to full rights even if separated but still married
47
Provision: Basis for terminating rights if marriage is found to be one of convenience
Art 35 CRD
48
Provision: Right of residence of a FM after the death or departure of an EUC from the host state
Art 12 CRD
49
Provision: Right of residence for spouses who themselves are EUCs in the event of divorce
Art 13 CRD
50
Provision: 'Beneficiaries'
Art 3(2) CRD FMs who do not come under any other heading but are: Dependants Members of the household Must be personally cared for on serious health grounds Limited obligation: MS must facilitate entry and residence Have a duty to undertake an extensive examination of the personal circumstances’ of such people Must justify any refusal of entry or residence. Includes: 3(2)(b) A partner not covered by 2(2) with whom the EUC has a durable relationship, duly attested Parents, grandparents of students
51
Akrich
Q5: Parallel rights of family members of EUCs The right to a normal family life pre CRD Introduced a prior lawful residence requirement in another MS for a TCN spouse when they move to another MS in which the EUC has migrated
52
Metock (Right to a normal family life)
Q5: Parallel rights of family members of EUCs The right to a normal family life pre CRD Expressly overruled Akrich as not compatible with the rights of EUCs and their FMs under the CRD Restored an unconditional right of first entry for TCN FMs accompanying or joining an EUC in the host MS
53
Provision: MS may restrict right of entry and residence of EUC and FMs on grounds of public policy, public security, public health.
Art 27 CRD
54
O and O MRAX
Q6: Restrictions: Public policy, public security, public health Case law codified by art 27 CRD May not expel someone simply because they posses a criminal record Must not be invoked to serve economic ends
55
Adoui and Coruaille
Q6: Restrictions: Public policy, public security, public health Belgium sought to expel 2 women for prostitution Was established that if they had been Belgian nationals there would be no criminal sanctions Therefore could not be expelled, as exclusion measures may not be discriminatory
56
Provisions: Safeguards against expulsion
Art 27: right of reentry into home ms, safeguards on checks of police records Art 28 CRD: Contains considerations for the host MS in making the decision to expel e.g age, health, family, economic circumstances, social integration Additional protection for permanent residents Art 30: Notofication of decision made and grounds Art 32: duration of exclusion powers
57
I
Q6: Restrictions: Public policy, public security, public health Expulsion of someone with permanent residence on imperative grounds of public security Italian man who had been living in Germany for 20 years,tried and convicted of offence of child abuse and rape. Held he could be expelled CJEU test: he remained a continuing threat both to the specific individual and other children. Court would still need to satisfy itself on basis of points 1-4.
58
Positive factors of free movement of citizens
1. Enjoyment of the substance of rights conferred by the TFEU 2. Guarantee of equal treatment in home and most MSs 3. Promotion of idea of Europe without frontiers Speeds up market/political integration 4. Facilitates family reunification 5. Fills skills gaps in the employment market
59
Negatice factors of free movement of citizens
1. MS competence over nationality 2. Pressure on national social security systems 3. Fear of ‘benefit tourism’ 4. Maintenance of public services 5. Loss of control of borders 6. Concern over numbers 7. Organised transnational crime 8. Fear of ‘brain drain’
60
Provision: Right to enjoy equal treatment within the scope of the treaty
Art 24(1) CRD
61
Personal scope of the treaty
Q4: Right to enjoy equal treatment Depends of different categories of EUC citizens proper to acquisition of permanent residence
62
Martinez-Sala
Q4: Right to enjoy equal treatment: Material scope of the treaty If an EUC has already been authorised to reside in another MS, they are lawfully residing in the territory, and so become within the personal scope of the provisions of the treaty An EUC lawfully resident in the territory of the host MS can rely on art 18 TFEU in all material situations which fall within the scope of union law.
63
Collins (Right to equal treatment)
Q4: Right to enjoy equal treatment: Non-discriminatory restrictions caught within art 21 May be justified by ORPIs: Measures are often capable of restriction on social solidarity grounds if they are: 1. Based on clear criteria 2. Known in advance 3. Proportionate (degree of integration test)
64
Bressol
Q4: Right to enjoy equal treatment: Non-discriminatory restrictions caught within art 21 May be justified by ORPIs: Non-discriminatory limitation on places in medical schools based on residence requirement Could be justified on grounds of public health protection if: 1. there was a genuine risk to the protection of public health in the host MS if long term residents of that MS find it more difficult to obtain places at medical schools 2. The measure was proportionate
65
Requirements for justifications of restrictions
1. Art 27: Grounds for public policy, public security, public health 2. Exclusion measures may not be discriminatory 3. Must be proportionate 4. Must conform to safeguards
66
ZZ
6. Restrictions on right of residence Safeguards: Art 30 notification of decision and grounds Notification is compatible provided the national court is satisfied that the essence of the decision has been communicated to the individual

EU Law (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions