Directive 2004/38

Question 1

Article 16(1)

Answer 1

Union citizens

Question 2

Article 16(2)

Answer 2

Family members of Union citizens

Question 3

Article 16(3)

Answer 3

Continuity of residence

Question 4

Article 16(4)

Answer 4

Loss of permanent residency

Question 5

Article 17

Answer 5

Early acquisition of residency

Question 6

Article 23

Answer 6

Employment rights of family members

Question 7

Gül

Answer 7

Cypriot doctor married to British woman living in Germany. Refusal by German authorities to allow Gül to work was infringement of free movement of rights - take up employment under the same conditions as nationals of the host state.

Question 8

Article 24

Answer 8

Equal treatment

Question 9

Article 24(1)

Answer 9

General rule - EU citizens and family members

Question 10

Article 24(2)

Answer 10

Derogations - During the initial 3 months, jobseekers, students

Question 11

Bidar

Answer 11

CJEU held that Article 18 TFEU conferred equality in relation to loans and grants although a certain degree of integration into society would be justified.

Question 12

Forster

Answer 12

Requirement of at least 5 years uninterrupted lawful residence before claiming a maintenance grant may be justified.

Question 13

Article 45(3) TFEU & Directive 2004/38/EC

Answer 13

Restrictions on the rights of entry and residence

Question 14

Article 27

Answer 14

Public policy and Public security

Question 15

Article 27(2)

Answer 15

• Measures taken on grounds of public policy and public security must be proportionate and based exclusively on the personal conduct of the individual concerned.
• The personal conduct of the individual concerned must represent a genuine, present and sufficiency serious that affecting one of the fundamental interests of society (Article 27(2)).
• Justifications that are isolated from the particulars of the case or that rely on considerations of general prevention shall not be accepted.
• Previous criminal convictions shall not in themselves constitute grounds for taking such measures.

Question 16

Van Duyn

Answer 16

CJEU held that present association with an organisation may constitute personal conduct.

Question 17

Astrid Proll v ECO Düsseldorf (Immigration Appeal Tribunal)

Answer 17

Reformed terrorist.

Question 18

Donatella Calfa

Answer 18

Italian tourist could not be expelled for life from Greece for drugs offence.

Question 19

R v Bouchereau

Answer 19

B had more than one conviction for drugs offences. However, in each case he had been in possession of only a small number of drugs and therefore he didn’t pose a genuine and sufficiently serious threat.

Question 20

Adoui & Cornuaille v Belgian State

Answer 20

French sex-workers could not be deported from Belgium as Belgian sex-workers not prosecuted just for being sex-workers.

Question 21

Bonsignore v Oberstadtdirektor of the City of Cologne

Answer 21

B had accidentally killed his brother by the negligent handling of a firearm. CJEU emphasised that deportation as a deterrent or general preventative measure is prohibited.

Question 22

Article 27(3)

Answer 22

State can request a police record in certain circumstances.

Question 23

Article 28(2)

Answer 23

Protection against expulsion (permanent residence)
‘The host Member State may not take an expulsion decision against Union citizens or their family members, irrespective of nationality, who have the right of permanent residence on its territory, except on serious grounds of public policy or public security’

Question 24

Article 28(3)

Answer 24

Protection against expulsion (10-year residence/ minors)

Question 25

Article 29 ((1)-(3))

Answer 25

Pubic health

Question 26

Article 30-33

Answer 26

• The right to be notified fully in writing. Notification of the appeals process and any relevant time limits.
• After a reasonable period has passed, an application for the lifting of an expulsion order can be made.
• In any event this can be done after 3 years from enforcement. Until the application has been accepted, there is no right of re-entry.

Question 27

Key issues - Free movement of people

Answer 27

• Proposed length of residence? Up to 3 months, longer or permanently.
• Status? EU Citizen? Worker/student/other? Conditions?
• Rights? What do they want to do?
• Documentation? Exit/entry/during residence.
• Restrictions? Public policy, security, health? Employment in public service?

Question 28

Typical issues on immigration/ migration: Internal and external aspects

Answer 28

• Brexit implications: rights of EU citizens in Uk, rights of Uk citizens living in the EU member states, free movement in the future.
• Asylum seekers and border controls.