Free Movement of Persons Flashcards
(26 cards)
Definition
EU citizens have the right to live, work, and study in any other EU country without unfair restrictions based on nationality
Article 21 TFEU
(Legal basis)
EU citizens have the right to move and reside freely among territory of MS
Articles 45-48 TFEU
(Legal basis)
Free movement of workers
Article 49 TFEU
(Legal basis)
Freedom of establishment (for self-employed people)
Citizenship Directive
(Legal basis)
Codifies the rights of residents (people working, studying, or the family members of such)
EU Citizenship
Introduced in Maastricht Treaty (1992)
All the nations of a MS gain EU citizenship (Art. 20 TFEU)
- Complements nationality, does not replace it
Distinguishing which freedom applies
Formula
Nationality (citizenship) + economic activity (just citizenship, worker, or self-employed)
If worker –> free movement of workers
If self-employed –> freedom of establishment
Worker (Art. 45 TFEU)
Actual definition found in case law, not treaty law
“A person who performs services for and under the direction of another in exchange for remuneration.”
Lawrie-Blum case
(Workers in EU law)
Trainee teacher deemed worker because she was performing a service under someone’s supervision for remuneration
Levin case
(Workers in EU law)
Part time workers also count (even if low pay) as long as they are performing a genuine service
Reg. 492/2011
(Workers in EU law)
If you are a worker, your children have rights within that country
Non discrimination in the exercise of your rights
Rights conferred by citizenship
LWSE
Right to look for work
Right to work in another MS
Right to stay after employment
Right to equal treatment
Ex: Spanish nurse that moves to Germany has the same access to public healthcare jobs as German national
Rights of family members
Right to accompany or join EU citizens
Family members who have rights
Spouse/registered partner
Children under 21 or financially dependent
Dependent direct relatives in ascending line (parents, grandparents)
Baumbast case
Family members can still have residence rights even when their affiliated family member is no longer employed
Ex: Child can finish education in EU MS because father was a worker there when education started
Up to 3 months residence rights
Require no conditions, as long as one is not a burden on the host state
Over 3 months residence rights
Must be a worker, self-employed, student, or have sufficient resources + health insurance so as to not pose a burden on the state
Permanent residence rights
After 5 years of legal residence
Bosman case
Sports players count as workers
Transfer fees after contracts expire restrict the free movement of workers
Registration rules about foreign EU MS nationality are discriminatory
Grzelczyk case
Social benefits given to EU citizens as long as they are lawful residents
Dano case
Residence rights not provided for economically inactive people who do not meet Citzenship Directive criteria
Must have sufficient resources to avoid becoming an unreasonable burden
Ruiz Zambrano case
By depriving the right of non EU parents to reside, their legally EU children are unable to enjoy the rights of citizenship under Art. 20 TFEU
Exceptions and limitations
Public policy (Art. 45(3) TFEU)
- Includes health, security, etc.
Must be proportionate and based on personal conduct of the person whose freedom is being limited
Cannot justify a general prevention
Van Duyn case
Banning scientology (religion that humans have infinite potential) based on public policy grounds
