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Law Second Year > EU Law - Citizenship > Flashcards

EU Law - Citizenship Flashcards

1
Q

O, S and L judgment

A

Test of deprivation from Zambrano only ‘exceptionally’ met, but no need for blood relation. Degree of dependency vital

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2
Q

who said Right to vote is a normal incident of EU citizenship

A

Shaw

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3
Q

Morgan and Bucher judgment

A

Okay to require integration but needs to be proportionate - why wasn’t growing up there enough to show integration?

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4
Q

what case left room for future development of EU citizenship concept?

A

Grzelczyk

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5
Q

When was the Maastricht Treaty?

A

1992

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6
Q

permanent residence of family members of deceased/departed EU citizens - instrument

A

Article 12 Directive 2004/38

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7
Q

No taking account of periods of imprisonment for Article 16 Directive 2004/38

A

Onuekwere

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8
Q

Name at least two of the rights in Article 20(2) TFEU

A

FM, right to vote and be voted for and protection of diplomatic authorities

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9
Q

Why were the mother and daughter in Alimanovic not protected by C Directive?

A

Longer than 6 months since left their job, not a jobseeker and didn’t fulfil conditions

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10
Q

Ruiz Zambrano AG opinion

A

AG Sharpston gave a longer reasoning of right to move and of residence being independent, more explanatory than ECJ

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11
Q

Dereci judgment on family reunification

A

Economically desirable reason for wanting non-EU relatives to reside did not mean EU national was ‘forced’ to leave if not granted

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12
Q

Article 25 TFEU

A

Commission must report every 3 years on application of provisions, Council can adopt provisions to strengthen or add to Article 20(2)

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13
Q

Zhu and Chen v SoS for HD general

A

Irish child, Chinese national, Wales

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14
Q

Belgian surname, prohibiting change to Spanish

A

Garcia Avello

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15
Q

Bidar judgment

A

Introduction of EU citizenship in Maastricht meant maintenance grants fell within Article 18 TFEU, sidelining Article 24(2) Directive 2004/38

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16
Q

Morgan and Bucher general

A

Study finance abroad, one year higher education in Germany

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17
Q

What instruments gives a Right to petition EU P, apply to Ombudsman and receive a reply in official language originally written in

A

Article 24 TFEU

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18
Q

Rottman general

A

Neutralisation, one citizenship in both Germany and Austria

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19
Q

What case entitled jobseekers to benefits to ‘facilitate access to employment’?

A

Collins

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20
Q

What was Austria’s response to Commission v Austria?

A

More restrictive rules imposed

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21
Q

What Article gives a non-exhaustive list of social and political rights EU citizens have?

A

Article 20(2) TFEU

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22
Q

What cases showed that as long as an individual is lawfully resident, they need to receive equal treatment under Articles 20 and 21 TFEU with nationals

A

Martinez Sala; Trojani

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23
Q

What case stated test of deprivation from Zambrano only ‘exceptionally’ met?

A

O, S and L

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24
Q

Quota system for medical degree to ensure Belgian graduates

A

Bresol

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25
Q

Shaw on EU citizenship

A

‘Post-national citizenship’, making rights peculiar to new political entity and supranational system

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26
Q

Haberman

A

EU citizenship is more about EU setting out and trying to share its values with Members and citizens

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27
Q

Baumbast judgment

A

Article 20(1) confers DE regardless of employed/self-employed. Introduced proportionality as legal consequence of moving to Treaty basis

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28
Q

Commission v Austria judgment

A

Unjustified indirect discrimination

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29
Q

Name at least three cases showing the impact of Articles 20 and 21 TFEU on students

A

Gravier; Grzelczyk; Bidar; Forster; Morgan and Bucher; Prinz and Seeberger; Commission v Austria; Bresol

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30
Q

Alokpa judgment

A

Children needed to satisfy Zambrano to rely on Treaty rights

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31
Q

Unsecured private debt exceeding X threshold, couldn’t leave

A

Byankov

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32
Q

What are the conditions on Article 7(1) Directive 2004/38 residence?

A

Comprehensive sickness insurance and adequate resources not to be a burden, OR economically active

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33
Q

National residence restrictions prima facie breach Article 20

A

Tas-Hagen

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34
Q

Rottman judgment

A

Measures need to have due regard to EU law, falling within EU law as HAD citizenship but lost it

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35
Q

Effectiveness of Article 20

A

Directly effective and autonomous right of movement and residence

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36
Q

Marshall on EU citizenship

A

Cannot be captured by traditional components of citizenship

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37
Q

what case confirmed Collins?

A

Vatsouras

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38
Q

Tas-Hagen

A

National residence restrictions prima facie breach Article 20

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39
Q

Grzelczyk on impact of Articles 20 and 21 on students

A

Although Directive prohibits certain benefits, student can still rely on Article 18 TFEU

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40
Q

What measure gives Enhanced protection against expulsion to citizen with 5 years permanent residence?

A

article 28(2) Directive 2004/38

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41
Q

Article 17 Directive 2004/38

A

More favourable provisions for pensioners, disabled and frontier workers

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42
Q

Byankov judgment

A

Article 21 precluded such a measure, and disproportionate under Article 27 even if it wasn’t purely for economic ends

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43
Q

Name at least two cases on family reunification claims showing limited notion of ‘wholly internal’

A

Ruiz Zambrano; McCarthy; Dereci; O, S and L; Alokpa

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44
Q

Article 14(3) Directive 2004/38

A

Codifies Grzelczyk - no automatic expulsion as consequences of recourse to social assistance scheme

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45
Q

Who sees EU citizenship as making rights peculiar to a new political and supranational entity?

A

Shaw

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46
Q

Bickel and Franz judgment

A

Exercising FM so no discrimination allowed

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47
Q

What Article defines ‘sufficient resources’ for Article 7(1) Directive 2004/38?

A

Article 8(4)

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48
Q

Armed Islamic Group, UK refusing entry

A

ZZ

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49
Q

What instrument gives right to remain after divorce?

A

Directive 2004/38 Article 13

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50
Q

Pusa, per AG Jacobs

A

Complimented non-discrimination with restrictions-based approach - need to justify ANY burden on citizen exercising FM

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51
Q

Lebon general

A

Over 21 and not dependent

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52
Q

What case stated that the automaticity of the rule revoking permit for reliance on social benefit didn’t allow assessment, and thus didn’t comply with EU law

A

Brey

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53
Q

What case stated right of jobseeker is general right of equal treatment?

A

Collins

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54
Q

What instrument makes it clear EU citizenship is not a supranational ego of national citizenship, but derived?

A

Article 20(1) TFEU

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55
Q

Ruiz Zambrano general

A

EU children to be deported with non-EU parents

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56
Q

Bidar after Grzelczyk

A

Restated ‘unreasonable burden’ but allowed Member to require a ‘degree of integration’

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57
Q

Hungary v Slovakia general

A

President of Hungary not allowed in

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58
Q

Article 45 EU Charter

A

Right to FM and residence

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59
Q

O&B

A

Abuse under Article 35 Directive 2004/38 requires subjective and objective elements - purpose of rules not achieved AND intention to artificially create conditions to rely on rights

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60
Q

Gaydarov general

A

Drug-trafficking, couldn’t leave

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61
Q

What case originally showed equal treatment only applies to jobseekers in access to employment, not all advantages under Article 45 TFEU?

A

Lebon

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62
Q

How did ECJ in McCarthy distinguish from Zambrano and Avello?

A

No need to leave EU by not granting right, and did not lead to personal inconvenience

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63
Q

Over 21 and not dependent

A

Lebon

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64
Q

Hungary v Slovakia judgment

A

Limitation from international rather than EU law, justified limitation on Article 20 rights

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65
Q

Article 8(4) Directive 2004/38

A

‘Sufficient resources’ needs to take personal situation into account and not be higher than minimum social security

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66
Q

What case gave a much more expansive notion of EU citizenship than Article 20(1) TFEU?

A

Grzelczyk

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67
Q

EU children to be deported with non-EU parents

A

Ruiz Zambrano

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68
Q

D’Hoop general

A

Tideover allowance

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69
Q

What was the objective element of fraud stated in O & B?

A

Purpose of rules not achieved

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70
Q

D’Hoop judgment

A

Non-discriminatory but disadvantage to those exercising FM, without justification

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71
Q

Article 7(1) Directive 2004/38

A

conditional residence (3 months to 5 years)

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72
Q

Article 13 Directive 2004/38

A

Right to remain after divorce

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73
Q

How long is conditional residence under article 7(1) Directive 2004/38?

A

3 months to 5 years

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74
Q

Commission v Austria general

A

Secondary diplomas from other Members, further authorisation

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75
Q

Garcia Avello general

A

Belgian surname, prohibiting change to Spanish

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76
Q

Forster

A

Retreat from Bidar - legitimate and proportionate to impose 5 year qualifying period

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77
Q

Who said EU citizenship cannot be captured by traditional components of citizenship?

A

Marshall

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78
Q

Italian criminal proceedings, German and Austrian, German proceedings

A

Bickel and Franz

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79
Q

Lisbon Treaty

A

linked citizenship closer to prohibition of discrimination and situated in context of emphasis on representative democracy

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80
Q

What two cases did the ECJ have to distinguish in McCarthy?

A

Zambrano and Avello

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81
Q

Name at least two cases showing how Article 20 and 21 TFEU have worked with permanent residence under Directive 2004/38

A

Lassal; Ziolkwoski and Szeja; Onuekwere

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82
Q

Commission v Belgium general

A

Failing to produce documents, expulsion

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83
Q

Tsakouridis judgment

A

National court decide if absences remove Article 28(3) protection, and proportionality for if drug-trafficking constitutes ‘public security’ for Article 28(2) Directive

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84
Q

Non-payment of tax liability, couldn’t leave

A

Aldzhov

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85
Q

Secondary diplomas from other Members, further authorisation

A

Commission v Austria

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86
Q

What case shows limitations on Article 20 do not always come from EU law?

A

Hungary v Slovakia

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87
Q

What case originally states citizenship was WHOLLY determined by national law?

A

Micheletti and Others

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88
Q

Vatsouras judgment

A

Widened Article 45 to include jobseekers’ social assistance, limiting Article 24 by removing such benefits if intended to facilitate access to labour market

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89
Q

Tsakouridis general

A

Drug-trafficking constituted ‘public security’ and absences remove Article 28(3) Directive protection?

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90
Q

Citizenship ‘is destined to be the fundamental status of nationals of the Member States’

A

Grzelczyk

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91
Q

Frenchman in Belgian Salvation Army reintegration programme

A

Trojani

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92
Q

Article 20(2) TFEU

A

Gives non-exhaustive list of social and political rights citizens have, including FM, right to vote and protection of authorities

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93
Q

Study finance abroad, one year higher education in Germany

A

Morgan and Bucher

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94
Q

What section of what instrument gives more favourable provisions for pensioners, disabled and frontier workers?

A

Article 17 Directive 2004/38

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95
Q

What instrument showed a clear political dimension to EU citizenship?

A

Maastricht Treaty 1992

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96
Q

General 3 month right of residence but no unreasonable burden (elaboration on Article 6)

A

Article 14 Directive 2004/38

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97
Q

What case shows court moving to an ‘effet utile’ approach on Article 20 TFEU?

A

Ruiz Zambrano

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98
Q

Lack of fulfilment of C Directive conditions automatically showed ‘unreasonable burden’

A

Alimanovic

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99
Q

Name at least two cases showing the impact of Articles 20 and 21 TFEU on non-economically active persons

A

Martinez Sala; Trojani; Brey; Dano v Jobseeker Leipzig

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100
Q

What derogations can a member impose on Article 20?

A

On grounds of public policy, security or health

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101
Q

What AG in Pusa complimented non-discrimination with restrictions-based approach?

A

AG Jacobs

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102
Q

What case showed there is no need to individually assess if C is an unreasonable burden?

A

Alimanovic

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103
Q

Romanian and non-economically active, unlimited residence in Germany with son

A

Dano v Jobseeker Leipzig

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104
Q

Aldzhov judgment

A

Restrictive measure on exit had to satisfy necessity and proportionality but could be allowed

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105
Q

Bresol judgment

A

Prima facie within Articles 18 and 21, but allowed exception if specific evidence showed actual risk to public health service, HELPED by quota system

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106
Q

Eman and Sevinger

A

Can subject political rights to residence requirement but need equal treatment

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107
Q

How can you describe the concept of EU citizenship?

A

‘Essentially contested’

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108
Q

Gottwald general

A

Annual toll disc, disabled, residence requirement

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109
Q

ZZ general

A

Armed Islamic Group, UK refusing entry and avoiding full evidence under Article 30 Directive

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110
Q

Spanish national in Germany, not working, child-raising allowance

A

Martinez Sala

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111
Q

What case took D’Hoop further?

A

Collins

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112
Q

What case showed Article 16 Directive 2004/38 cannot be relied upon unless 5 years were lawful residence under Article 7 conditions?

A

Ziolkwoski and Szeja

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113
Q

Bickel and Franz general

A

Italian criminal proceedings, German and Austrian, German proceedings

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114
Q

what did the judgment in Commission v Austria lead to and why?

A

political storm due to fear of influx of students from neighbouring countries like Germany

115
Q

What case found ‘unreasonable burden’ needed before could remove rights in Directive 2004/38

116
Q

Article 7(3) Directive 2004/38

A

Extension of 3 months residence for jobseekers who have applied as such and are involuntarily unemployed

117
Q

Byankov general

A

Unsecured private debt exceeding X threshold, couldn’t leave

118
Q

Extension of 3 months residence for jobseekers who have applied as such and are involuntarily unemployed

A

Article 7(3) Directive 2004/38

119
Q

Neutralisation, one citizenship in both Germany and Austria

120
Q

‘Ultra-enhanced’ protection against expulsion to citizen with 10 years permanent residence

A

Article 28(3) Directive 2003/48

121
Q

What was the only way the national court could avoid giving social assistance in Trojani?

A

Revoke permit, but needed to be proportional

122
Q

Dano v Jobseeker Leipzig judgment

A

Required lawful residence UNDER DIRECTIVE, not just national law

123
Q

Micheletti and Others

A

Citizenship WHOLLY determined by national law

124
Q

What case shows courts sidestepping conditions in Directive 2004/38 and how?

A

Grzelczyk - allowing reliance on Article 18 TFEU when blocked under Directive

125
Q

What two cases show students and jobseekers can sidestep Article 24 Directive?

A

Vatsouras and Bidar

126
Q

Article on conditional residence under Directive 2004/38

A

Article 7(1)

127
Q

Greek nationals with unclear economic status

128
Q

Who wrote the Open Europe pamphlet?

A

Chalmers and Booth

129
Q

McCarthy general

A

Irish and British national, jamaican husband, never left

130
Q

‘Tideover’ allowance

131
Q

What case shows ECJ allowing lawful residence on national rules, even if not under C Directive?

A

Martinez Sala

132
Q

What are courts now putting an emphasis on in the area of FM and right of residence?

A

Member’s ability to say no based on non-compliance with conditions in the Directive

133
Q

What section of what instrument gives right of permanent residence after 5 years, and states equal treatment right?

A

Article 16 Directive 2004/38

134
Q

Prinz and Seeberger judgment

A

Disproportionate to require permanent residence through 3 years in host prior to starting studies

135
Q

Article 23 TFEU

A

Right to diplomatic protection in a 3rd country

136
Q

What restriction did they allow in Bidar?

A

Restriction on Article 20 and 21 TFEU to show integration

137
Q

PI

A

Sexually exploiting children can fall under ‘imperative grounds of public policy’ (Article 28(3))

138
Q

what case showed a backtrack from Trojani on lawful residence?

A

Dano v Jobseeker Leipzig

139
Q

President of Hungary not allowed in

A

Hungary v Slovakia

140
Q

What AG gave a more reasoned explanation for outcome in Zambrano?

A

AG Sharpston

141
Q

Factual requirement of ‘dependence’ for Article 7(1), to be determined in each case

A

Flora May Reyes

142
Q

Article 12 Directive 2004/38

A

permanent residence of family members of deceased/departed EU citizens

143
Q

Ten years is counted from date of expulsion for Article 28(3) Directive

144
Q

Article 35 Directive 2004/38

A

State right to withdraw Directive right in case of ‘abuse of rights of fraud, such as marriages of convenience’

145
Q

MG

A

Ten years is counted from date of expulsion for Article 28(3) Directive

146
Q

What Article and measures gives permanent residence after 5 years continuous residence, not subject to conditions of resources or insurance in Article 7

A

Article 16 Directive 2004/38

147
Q

Drug-trafficking, couldn’t leave

148
Q

ZZ judgment

A

UK only had to give strictly necessary info

149
Q

What does Council need to strengthen or add to Article 20(2) under Article 25 TFEU?

A

Unanimous decision and may require constitutional amendment at national level

150
Q

Name the four articles in what instrument covering political rights of EU citizens

A

Articles 22 - 25 TFEU

151
Q

What article in what instruments gives State right to withdraw Directive right in case of ‘abuse of rights of fraud, such as marriages of convenience’?

A

Article 35 Directive 2004/38

152
Q

‘Post-national citizenship’?

153
Q

What case shows a further retreat from Zambrano, after McCarthy?

154
Q

Alimanovic judgment

A

Lack of fulfilment of C Directive conditions automatically showed ‘unreasonable burden’, and thus no need for individual assessment on that point

155
Q

What case stated that periods started/completed before transposition of Article 16 Directive 2004/38 should be taken into account?

156
Q

Name two cases/measures which have suggested Article 20(1) TFEU no longer represents the derived concept of EU citizenship

A

Grzelczyk and Open Europe pamphlet by Chalmers and Booth

157
Q

Article 16 Directive 2004/38

A

Right of permanent residence after 5 years, equal treatment

158
Q

D’Hoop general

A

‘Tideover’ allowance, secondary school in France but Belgian national

159
Q

Name at least two cases showing how Articles 20 and 21 TFEU have enhanced challenging rights of citizens on restrictive measures

A

Gaydarov; Byankov; Aldzhov; ZZ

160
Q

Article 24 Directive 2004/38

A

Equal treatment, but no need for social assistance in first 3 months, not during extended jobseeker period

161
Q

D’Hoop judgment

A

Discrimination through exercise of FM and disproportionate

162
Q

What case shows past case law allowed right of residence under Member law to be sufficient for reliance on non-discrimination, unlike Alimanovic?

A

Martinez Sala

163
Q

Citizenship Directive 2004/38 general

A

Conditions on FM of economically inactive citizens, requiring sufficient resources and comprehensive sickness insurance

164
Q

Article 24 TFEU

A

Right to petition EU P, apply to Ombudsman and receive a reply in official language originally written in

165
Q

what case confirmed Baumbast’s effet utile, DE and proportionality approach to Article 20 TFEU?

A

Zhu and Chen v SoS for HD

166
Q

Flora May Reyes

A

Factual requirement of ‘dependence’ for Article 7(1), to be determined in each case

167
Q

Ruiz Zambrano judgment for family reunification

A

Minimally reasoned effectiveness approach

168
Q

Why was Article 24 Directive 2004/38 implemented?

A

In response to fears of ‘benefits tourism’

169
Q

O, S and L general

A

EU children, third-country parent but not dependent

170
Q

Article 16 Directive 2004/38

A

Permanent residence after 5 years continuous residence, not subject to conditions of resources or insurance in Article 7

171
Q

who said EU citizenship is more about EU setting out and trying to share its values with Members and citizens

172
Q

What case states that ‘abuse’ for Article 35 Directive 2004/38 requires both subjective and objective elements?

173
Q

Gottwald judgment

A

Justified by ensuring connection between society and recipient

174
Q

In what case was the Commission v Austria: diplomas issue resolved?

175
Q

Vatsouras general

A

Greek nationals, unclear economic status

176
Q

What conditions can a Member impose on Article 20 TFEU and from where?

A

Conditions of financial and health insurance from Article 7(1) Directive 2004/38

177
Q

Why was it doubted children would satisfy Zambrano in Alokpa?

A

Could have just moved to France

178
Q

Runevic-Vardyn general

A

Lithuania, Polish, roman characters of Lithuanian only

179
Q

What case stated no need for blood relation when claiming for family reunification under Articles 20 and 21 TFEU?

A

O, S and L

180
Q

Article 14(3) Directive 2004/38 codified what?

181
Q

What two cases show TFEU does not cover ‘wholly internal’ situations?

A

Kremzow and Uecker

182
Q

How was the measure justified in Runevic-Vardyn?

A

To protect national language under Article 4 ECHR

183
Q

Why was the measure disproportionate in Byankov?

A

Purely for economic ends, but would have been disproportionate even if not for that

184
Q

Irish child, Chinese national, Wales

A

Zhu and Chen v SoS for HD

185
Q

Grzelczyk on Directive 2004/38

A

Needed to be an ‘unreasonable burden’, as found in preamble, but never going to make such a high threshold

186
Q

Grzelczyk general

A

Student benefit

187
Q

Collins general

A

Right of jobseeker is general right of equal treatment, entitling them to benefits to ‘facilitate access to employment’

188
Q

What article in particular did the court effectively sideline in Bidar?

A

Article 24(2) Directive 2004/38

189
Q

Ziolkwoski and Szeja

A

Need 5 years LAWFUL residence, in compliance with Article 7, before Article 16 Directive 2004/38 can be satisfied

190
Q

Prinz and Seeberger general

A

Required permanent residence through 3 years in host prior to starting studies

191
Q

Onuekwere

A

No taking account of periods of imprisonment for Article 16 Directive 2004/38

192
Q

What does the more restrictive approach of the ECJ in the area of free movement and right of residence show in terms of ECJ attitude?

A

More respect for EU legislation

193
Q

Why is it not unreasonable for ECJ to show more respect for EU legislation?

A

Legislation there bc of Member concern so should be considered and not subverted

194
Q

Lassal

A

In Article 16 Directive 2004/38, take into account periods started/completed before transposition

195
Q

Sufficient resources as soon as 3 months ended

196
Q

Gaydarov judgment

A

Needed to satisfy proportionality/JR/sufficiently serious, but otherwise measure allowed under Article 21 TFEU

197
Q

Grzelczyk on citizenship general

A

Citizenship ‘is destined to be the fundamental status of nationals of the Member States’

198
Q

Annual toll disc, disabled, residence requirement

199
Q

Non-EU mother, French children dependent in Luxembourg

200
Q

Article 6 Directive 2004/38

A

Unconditional residence (max 3 months)

201
Q

Columbian, moved to Asia and Africa to work but still supporting family in UK, refusal to renew

202
Q

Lebon judgment

A

Equal treatment only applies to jobseekers in access to employment, not advantages under Article 45 TFEU

203
Q

What instrument gives citizens a passive and active right to vote?

A

Article 22 TFEU

204
Q

Enrolment fee for non-Belgians, strip-cartoon art, French national

205
Q

Garcia Avello judgment

A

Serious professional and personal inconvenience due to divergence on official documents

206
Q

In what two areas have Articles 20 and 21 enhanced challenging rights of citizens on restrictions?

A

Non-discriminatory measures and restrictive measures

207
Q

What case shows a retreat from Bidar boldness?

208
Q

Alimanovic general

A

Swedish mum and daughter, Germany, temporary jobs

209
Q

What instrument allows Council to adopt provisions to strengthen or add to Article 20(2)?

A

Article 25 TFEU

210
Q

What case stated that there was no need to revoke residence permit given on national laws to refuse benefit under Directive?

A

Dano v Jobseeker Leipzig

211
Q

Trojani judgment

A

Lawfully resident under belgian law (even if not under Directive 2004/38) meant they could claim social assistance

212
Q

What instrument linked citizenship closer to prohibition of discrimination and situated in context of emphasis on representative democracy?

A

Lisbon Treaty

213
Q

Article 28(3) Directive 2003/48

A

‘Ultra-enhanced’ protection against expulsion to citizen with 10 years permanent residence

214
Q

What did Directive 2004/38 introduce, departing from previous status given to X?

A

Treaty-based right of FM and residence rather than merely legislative

215
Q

What case widened Article 45 to include jobseekers’ social assistance?

216
Q

How did the court limit the financial consequences of their decision in Gravier?

A

Restricted interpretation of ‘non-discrimination’ in ‘conditions of access’ so maintenance and training grants were not covered - ONLY ACCESS

217
Q

Article on unconditional residence under Directive 2004/38

218
Q

Article 22 TFEU

A

Passive and active right to vote

219
Q

Runevic-Vardyn judgment

A

Rules on details on domestic certificates need to comply with Treaty

220
Q

Martinez Sala judgment

A

Lawfully resident = equal treatment with nationals

221
Q

Required permanent residence through 3 years in host prior to starting studies

A

Prinz and Seeberger

222
Q

Article 14 Directive 2004/38

A

General 3 month right of residence but no unreasonable burden

223
Q

What are the conditions imposed on students wanting residence under Articles 20 and 21 TFEU, and where can they be found?

A

Comprehensive sickness insurance and adequate resources not to be a burden, Article 7 Directive 2004/38

224
Q

What did the Commission say of EU Directive 2004/38?

A

‘Single legal regime for FM and residence’

225
Q

what case shows a departure from Lebon?

226
Q

Ruiz Zambrano judgment for effectiveness

A

Move to ‘effet utile’ approach - Article 20 precludes national measures ESSENTIALLY depriving C of substance of rights

227
Q

What Treaty was signed in 1992?

A

Maastricht

228
Q

McCarthy judgment

A

Directive 2004/38 does not cover citizen who has never exercised FM right

229
Q

What case showed ‘sickness insurance’ could not be interpreted restrictively and why?

A

Baumbast - because proportionality now relevant with FM on a Treaty basis

230
Q

What is the view of EU Citizenship now, really?

A

Citizens see FM as immigration, so second tier idea of Citizenship is more of a normative view

231
Q

how long is unconditional residence under Article 6 Directive 2004/38?

A

Max 3 months

232
Q

Baumbast general

A

Columbian, moved to Asia and Africa to work but still supporting family in UK, refusal to renew

233
Q

Kremzow and Uecker

A

ECJ ruled TFEU did not cover ‘wholly internal’ situations

234
Q

Name at least two cases showing impact of Articles 20 and 21 TFEU on jobseekers

A

D’Hoop; Lebon; Vatsouras; Collins

235
Q

What section of what instruments states equal treatment, but no need to give social assistance in first 3 months nor during extended jobseekers period?

A

Article 24 Directive 2004/38

236
Q

Gravier general

A

Enrolment fee for non-Belgians, strip-cartoon art, French national

237
Q

What is the exercise of rights in Article 20(2) based on, usually?

A

Secondary legislation like Directive 2004/38

238
Q

What two cases suggest citizenship is not wholly determined by national law?

A

Rottman and Ruiz Zambrano

239
Q

What case shows that despite Tas-Hagen, residence restrictions/requirements may be justified under Article 20?

240
Q

Who argued right to move and right of residence were independent and in what case?

A

AG Sharpston in Zambrano

241
Q

Zhu and Chen v SoS for HD judgment

A

Not wholly internal situation due to Irish nationality of child - mother not dependent but effet utile approach

242
Q

Name at least two cases showing how Articles 20 and 21 have enhanced challenging rights of citizens on non-discriminatory restrictive measures

A

Bickel and Franz; Tas-Hagen; Gottwald

243
Q

What specifically did Cameron seek in his letter to Donald Tusk?

A

Qualifying period of 4 years before economic/social advantages can be accessed

244
Q

What case confirmed Bidar in the scope of jobseekers on Article 45 TFEU rights despite Article 24 Directive 2004/38?

A

Vatsouras; Collins

245
Q

What is a current expression of the ideas in Open Europe pamphlet?

A

Conservative G, Cameron letter to Tusk

246
Q

Failing to produce documents, expulsion

A

Commission v Belgium

247
Q

What was the justification in Hungary v Slovakia?

A

Performing duties as head of state

248
Q

Maastricht Treaty 1992

A

‘Ever closer union’

249
Q

Brey judgment

A

Automaticity of rule didn’t allow assessment, so didn’t comply with EU law

250
Q

What was proposed in the Open Europe pamphlet?

A

New Directive to affirm national citizenship is supreme, and integration threshold before migrant can claim benefits

251
Q

What did the court allow in Bidar?

A

Member to require a ‘degree of integration’ before rights under Directive 2004/38

252
Q

Dano v Jobseeker Leipzig general

A

Romanian and non-economically active, unlimited residence in Germany with son

253
Q

Brey general

A

Sufficient resources as soon as 3 months ended

254
Q

In what two categories have ECJ been increasingly willing to find a situation is NOT wholly internal?

A

Family reunification claims and dual nationality/ethnicity

255
Q

Sexually exploiting children can fall under ‘imperative grounds of public policy’ (Article 28(3))

256
Q

Swedish mum and daughter, Germany, temporary jobs

A

Alimanovic

257
Q

Martinez Sala general

A

Spanish national in Germany, not working, child-raising allowance

258
Q

What part of what instrument codified Grzelczyk on prohibition of automatic expulsion for recourse to social assistance?

A

Article 14(3) Directive 2004/38

259
Q

EU children, third-country parent but not dependent

A

O, S and L

260
Q

Name two cases under dual nationality/ethnicity expansion of ‘wholly internal’?

A

Garcia Avello and Runevic-Vardyn

261
Q

What case stated that an economically desirable reason for wanting non-EU relative to reside did not mean EU national was ‘forced’ to leave if not granted?

262
Q

What did the claimant in Dano v Jobseeker apply for?

A

Special non-contributory cash benefit

263
Q

Lithuania, Polish, roman characters of Lithuanian only

A

Runevic-Vardyn

264
Q

What three cases show Article 21 TFEU precludes a restrictive measure on exit?

A

Byankov, Gardarov and Aldzhov

265
Q

What case was decided before Directive 2004/38, but essentially supports judgment in Trojani from after?

A

Martinez Sala

266
Q

article 28(2) Directive 2004/38

A

Enhanced protection against expulsion to citizen with 5 years permanent residence

267
Q

Shaw on Article 22 TFEU

A

Right to vote is a normal incident of EU citizenship

268
Q

What did the court require for justification to restriction under Article 18 and 21 in Cresol?

A

specific evidence showing actual risk to public health service, HELPED by quota system

269
Q

What was the subjective element of fraud stated in O & B?

A

Intention to artificially create conditions to rely on rights

270
Q

What does the more restrictive approach of ECJ in right of residence show about Citizenship status?

A

move away from ‘fundamental status’ towards equality with national citizenship

271
Q

Aldzhov general

A

Non-payment of tax liability, couldn’t leave

272
Q

Gravier judgment

A

Prohibited from discriminating by Article 18 TFEU

273
Q

Commission v Belgium judgment

A

automatic deportation was a disproportionate measure for failing to produce relevant residence documents in time given

274
Q

Vatsouras and Bidar on Article 24

A

Students and jobseekers sidestep Article 24 Directive 2004/38 through Article 18 and 45 TFEU

275
Q

Alokpa general

A

Non-EU mother, French children dependent in Luxembourg

276
Q

What case followed Grzelczyk on impact of Articles 20 and 21 on students?

277
Q

What case shows national G relying on Article 4 ECHR to justify restriction on Article 20/21 TFEU

A

Runevic-Vardyn

278
Q

Bidar general

A

UCL Law student

279
Q

Trojani general

A

Frenchman in Belgian Salvation Army reintegration programme

280
Q

Bresol general

A

Quota system for medical degree to ensure Belgian graduates

281
Q

Can subject political rights to residence requirement but need equal treatment

A

Eman and Sevinger

282
Q

Article 20(1) TFEU makes what clear

A

Citizenship is a derived concept from being a citizen of a Member

283
Q

What case stated degree of dependency is vital for case of family reunification under Articles 20 and 21 TFEU?

A

O, S and L

Law Second Year (62 decks)

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