Free movement of people & EU Citizenship Flashcards
Which case defines the concept of EU citizenship?
Grzelcyk [2001]
Which Article creates the legal existence of EU citizenship?
A20 (1) TFEU
Why is loss of MS nationality reviewable by the CJEU? + case law
Rottmann [2010]- intrinsic link between MS citizenship and EU citizenship
Cases where loss of MS nationality is held to be justified- Dutch, Danish
Case C-689/21 X (Danish)- application not made by age of 22
Tiebbes (Dutch)- due to time outside country
MS which don’t allow a dual nationality- promissory estoppel case
Case C-118/20 JY- gave up one MS citizenship, promised another- acted in reliance; promise was withdrawn due to traffic offences- CJEU intervened
Which Directive regulates Free Movement?
D 2004/38
Focusing on Directive on free movement, which article confers what right? clue: A6, A7, A12, A13, A16, A17, A18
A6- an initial right of entry and residence up to 3 months
A7 (1) (a)- Eco-active- can reside for as long as they are workers
A7 (1) (b)- non-eco active- sufficient resources and insurance necessary to reside
A7 (2)- family members can reside
A12- family members of an EU citizen who dies or departs can reside
A13- family members can reside if marriage ends
A16 and A18- right to perm. residence, if spent 5 yrs
A17- permanent residence reduced period if disability or death occurs
When does free movement law apply?
when there is movement between MS
Key case of non-EU parent of an EU child- can the parent be expelled?
Ruiz Zambrano v ONEM [2011]- cannot be departed, dependent- would amount to expulsion of an EU citizen- the child
Case law- EU citizen is lawfully resident- equal treatment on benefits
Martinez Sala v Freistaat Bayern [1998]
‘sufficient resources’ requirement can be supplied by family member- case law
Chen [2004]
no free movement solely to obtain benefits
Dano [2014]- residency must be compliant with Directive
Which Articles of TFEU provide for political rights of EU citizenship?
A22,23,24
What does A45 provide?
free movement of workers within the Union
What does free movement entail?
accept offers of employment, be treated in accordance with employment provisions for nationals- no undercuts
allowed to remain after having been employed- pensioners, people with disability
What are the limits to free movement? and where can they be found?
grounds of public policy, public security, public health; Directive 2004/38
Who is a worker?- case law
Lawrie- Blum- a person performs services for and under the direction of another person in return for which he receives remuneration
What counts as remuneration?
Levin- less than min wage
Kempf- part time work
Steymann- food and accomodation - instead of pay
Ninni Orasche- even a few months of service counts
Which case signifies the end of CJEU’s generosity in terms of what amounts to pay?
Bettray- court ordered rehab is not remuneration
Cases where CJEU allowed national courts to decide whether the situation satisfies the worker requirements?- borderline
Trojani- work in exchange for lodging (similar to Steymann)
Raulin- zero hours contracts- concerns about fraud
Does A45 apply to job seekers and what are the regulations? + case law
Antonissen- yes, otherwise the right to move for the purpose of employment would be severely hampered- 6 Months to search for work is permissible
3 months is not long enough- Case C-344/95 Commission v Belgium
A14 (4) (b) Directive- there is no set limit
Cases restricting the free movement of workers- direct discrimination
Bosman- the 3 + 2 UEFA rule
Case 167/73 Commission v France- merchant ships required % of crew to be French
Measures impeding market access
Bosman- a fee to be paid for transfer (football player)
Van Lent- prohibition of using cars registered in another MS
Cases restricting free movement of workers- indirect discrimination
Ugliola- time spent in German Army- nationals can much more easily satisfy
Sotgiu- separation allowance increased for workers residing and working within Germany- not for those who worked in Germany and lived abroad
Groener- teacher in Ireland required to speak Irish- note this was found proportionate and justifiable
