Citizenship Flashcards
Concept of European citizenship
First recognised in Maastricht treaty -> building on existing rights, Lisbon treaty linked citizenship clearly to non-discrimination
CRD
Directive 2004/38 consolidated secondary laws governing rights of movement and residence, giving effect to Arts 20/21 TFEU
Art 9 TFEU
EU citizenship added onto national, not replacing it
Rottman
Austrian citizen moves to DE, becomes naturalised losing AT citizenship, hides AT arrest warrant subsequently loses naturalisation.
CJEU: MS gives due regard to EU law when granting/revoking citizenship, must be amenable to judicial review
Revoking such must be proportional - judged by MS
Martinez Sala
Spanish national who had lived in Germany before Spain’s accession to the Union - sought child benefit - denied as not a worker or inactive citizen
CJEU: national of one MS lawfully residing in the territory of another MS was a citizen of the Union entitled to the protections offered to such citizens on the basis of equal treatment - move away from ‘worker only’ mindset
Exercise of free movement rights alone are enough to engage citizenship rights
Grzelczyk
french student in belgium seeking extra money
CJEU first articulates citizenship as destined to be the fundamental status of nationals of MS (non-discrimination)
CRD Provides for
a right of residence for EU citizens and
a derived right of residence for “privileged family members”
-> where that citizen has exercised a right of freedom of movement and become established in another MS, and
-> on occasion where the citizen is in their own MS
Art 2 CRD
Spouse/partner + dependants (children/parents) allowed to move with the citizen, Family members enjoy the rights of the EU migrant citizen irrespective of nationality.
Defining ‘family’ Metock
Marriage between non-eu + uk citizen in Ireland, non-eu citizen sought Irish residence permit but was rejected
Held: No requirement of prior residence elsewhere in EU can be imposed on TCN family member. ‘Sham’ Marriage issue
Lounes/Coman
If a citizen moves to another MS and naturalises, cannot be denied right to normal family life b/c of this, otherwise effectiveness of 21(1) undermined
/
Spouse includes same-sex even if unrecognised by a MS under 21(1)
Key Articles CRD
No exit visa required (Art 4)
No entry visa required (Art 5)
Person and above family members Can move around freely in EU
Unconditional residence for 3 months (Art 6)
This period can be increased.
Residence for more than 3 months: (Art 7)
Workers/self-employed
Anyone who is Self-supporting
Family members right to remain (Arts 12 & 13)
Permanent right of residence after 5 years (Art 16)
Extends to listed family members
Right to Equal treatment (Art 24 – extends to non-EU national family members)
Restrictions (Arts 27-33)
Threat to public security, public policy, etc.
Minor offences are not sufficient to deport an EU resident
24(2) CRD (Differences between worker/citizen)
cannot get social assistance during first 3 months if you have no intention of getting employment like tourism. This 3 months can be extended if you have no intention of getting employment (Art 40(4)(b)).
Citizens have no right to a maintenance grant before they acquire a right of permanent residence.
Differences between workers and citizens of a member State. Citizens have no right to social benefits before acquiring a right of permanent residence but a worker can get benefits. Lesser rights for citizens than workers.
Baumbast
F - German national married to a Colombian national, with 2 children who worked and lived in UK over 3 years before leaving to work in Asia/Africa. He continued to support family who remained in UK, and remained covered by German health insurance. UK refused to renew residence permits - does he enjoy an independent right of residence under Art 21 TFEU as was neither a worker nor a person covered by one of Residence Directives
D - Members of the Union need not pursue a professional or trade activity whether as employed/self-employed in order to enjoy the rights of citizenship - if move to another MS to pursue activity, and cease that activity you don’t lose rights
Directly effective right of residence under Article 20(1) TFEU
No indication that had become burden on host MS and that given that + period of residence and employment it would be disproportionate to refuse to recognise his treaty rights of residence simply on the ground that illness insurance was insufficient
Zhu and Chen
F - Chinese woman flew to have a baby in Northern Ireland - seeks to remain in UK
as parent of Irish citizen.
D - no age limit to exercising rights of EU citizenship. Family had sufÏcient resources to remain in UK. Court recog residents rights of child born in NI – parents sought
to avoid china’s 1 child policy – 3rd country national has indefinite residence rights – once have sufÏcient resources to remain in UK are allowed to reside there – parents claiming EU citizenship can rely upon that if are financially independent and once have this indepen means of living should be allowed to reside there. - sketchy
Singh
F - divorce proceedings began after EU national had left the TCN in original MS, does the TCN have right to residence
D - The non-EU national’s derived right of residence comes to an end with the departure of the EU citizen spouse and therefore cannot be retained on the basis of Art 13(2)(a).
NA
F - similar situation to Singh, but TCN had sole custody of 2 EU children
D - Reaffirmed Singh, but allowed to remain to not deprive children’s EU right to education
Think HUMAN RIGHTS and PROPORTIONALITY
Trojani
F - French national taking part in a reintegration programme with Salvation Army in Belgium with a residence permit who applied for social assistance - not considered a worker but was working for some money
D - Can definition of worker extend when he is working but not able to sustain solely from it > yes - in times when they dont meet requirements to be lawfully resident, MS can remove person, but CANNOT be triggered solely by requesting social assistance
Brey
F - MS law required that immigrants must (following exp of 3 month period of residence for EU citizens) have sufficient resources so as not to apply for a specific social benefit
D - Mere fact social benefits are applied for - not enough solely to revoke residence, first 3 months MS is not obliged to provide such, but if they do then revoke, cannot be basis to stop residence.
The fact that the legislation was automatic - disproportionate
Dano
F - applicant and her son were Romanian - resident longer than 3 months but not economically active. The mother was not working and claimed unemployment benefits in Germany but was denied. German law prohibited the grant of assistance to those who had entered the State purely to claim benefits and who were ‘capable of earning a living’
D - balancing rights of free movement vs ‘free loader’ problem. MS permitted to not offer benefits when citizen moves solely to claim benefits and be economically inactive.
Aliminovic
F - Former workers, now job-seekers, benefits stopped after 6 months.
D - they did not retain the status of ‘workers’, they lacked sufÏcient resources for legal residence under the CRD → no entitlement to social assistance.
Garcia Avello
F - Challenge to Belgian rule on surnames, wanted to register both father+mother (Spanish) but not allowed, all within Belgium
D - Not wholly internal as it was a restriction, therefore discrimination on a Spanish name
Ruiz Zambrano
F - Zambranos, Colombian nationals, lived in Belgium with their two children, who were Belgian citizens. The Belgian authorities refused to grant them residence permits and refused Mr. Zambrano unemployment benefits. Wholly internal?
D - Article 20 (TFEU) granted EU citizens the right to reside in the territory of a Member State, and that this right of residence could not be deprived of its substance. CJEU found that refusing the parents a right of residence would deprive their children of the ability to enjoy the substance of their EU citizenship rights, therefore not wholly internal. - derivative right of residence for the third-country parents, allowing them to live in the EU and work in order for their children to exercise their EU citizenship rights
Significantly expanded the scope of EU citizenship rights to include the right of residence for family members of EU citizens, even if those family members are not themselves EU citizens.
McCarthy
F - applicant had dual Irish/British nationality but had only lived in UK. She then claimed a right of residence deriving from EU law and sought a right of residence for her husband (Jamaican).
D - Wholly internal as would not deprive her of union citizenship rights - deburca says distinguishing between the perceived difference in the degree of dependence/vulnerability of the EU citizen family member. If she had moved elsewhere, maybe decided differently.
Dereci
F - applicants were adult family members (spouses, adult children) of Austrian nationals who sought rights of residence through their Austrian family members. Those efforts denied by Austrian authorities.
D - TFEU Art 20 can be invoked even if internal if decision would ‘deny the substance’ of their citizenship rights. No applicants were dependant on citizens such as in Zambrano,
