EU Citizenship

Question 0

EU citizenship - Art 20 TFEU

Answer 0

• every person holding the nationality of a MS shall be a citizen of the EU
• citizenship of the union shall be additional and not to replace national citizenship

Question 1

Primary and secondary sources

Answer 1

Primary - art 18-25 TFEU

Secondary - directive 2004/38

Question 2

Rights conferred by Art 21, 22, 23, 24 TFEU

Answer 2

Art 21 - right of free movement (right to move, right to reside)
Art 22 - political rights (right to vote and stand as candidate at local elections, right to vote and stand as candidate at EP elections)
Art 23 - diplomatic or consular protection (right to dip or cons protection of any MS when in a territory if a third country under the same conditions as nationals of the MS concerned)
Art 24 - right to petition to the EP, right to apply to the ombudsman, - extended to third party nationals by art 227,228 TFEU, right to communicate in own language

Question 3

Grzelczyk (2001)

Answer 3

Union citizenship is destined to be the fundamental status of nationals of MS’s

Question 4

Directive 2004/38

Answer 4

• right to move and right of residence for up to 3 months (art 4,5,6)
• right if residence for more than 3 months (art 7) – if they are: workers, self employed, enrolled in institution, are fam members, have comprehensive health insurance, sufficient funds
• right if permanent residence (art 16) – continuous period of 5 years (art 18) – perm residence of fam members after 5 years
• protection against expulsion (art 28)
• restriction on the right if entry and the right of residence on grounds of public policy, public security and public health (art 27,29)

Question 5

Art 28 dir. 2004/38

Orfanopoulos (2004)

Answer 5

Concerns protection of individual of member states against expulsion; personal conduct of individual concerned and stressed link between action of individual and threat it poses on public

Question 6

Art 6 directive 2004/38

Answer 6

Right to reside in host state up to 3 months without a job and as long as you are not a burden and have proper health insurance

Question 7

Art 16 directive 2004/38

Answer 7

Right of permanent residence after 5 years

Question 8

EU citizen

Answer 8

Art 20
Move and reside freely within the community

Art 18
Receive same treatment as nationals (non discrimination) - conditions and limitations apply

Question 9

Directive 2004/38 art 27,29

Public policy and public security and public health

Answer 9

27(1)– prohibits excluding a person for economic purposes
27(2)– previous criminal convictions on their own are not enough to exclude a person - Must present a serious threat to society
29– diseases with epidemic potential and other infectious diseases or contagious parasitic diseases