FREE CIRCULATION OF PERSONS Flashcards
Free Circulation of persons: legal basis
Art. 20 TFEU
Art. 45:48 TFEU
Art. 45 Charter
Free Circulation of persons: general principles
1) MS must ensure the movement of workers (enlarged to EU CITIZENS) throughout the Union
2) Non discrimination principle
Who is affected by Free Circulation of persons?
EU Citizens (having eu status civitatis) + third countries persons having a family relation with EU Citizens
Free Circulation of persons: rights
-Right to accept effective offers of employment
-Right to exit its own country
-Right to move freely within the territories of MS for seeking and accepting jobs
-Right of a permanent residence after 5 years
-Right to stay in a MS for the purpose of employment
-Right to remain in a MS territory
STATUS of a first-time job seeker (first 3 months)
Right to reside in the territory of another MS with no condition or formalities OTHER THAN holding a valid identity card/passport
NOT ENTITLED TO WORKERS’ BENEFITS
STATUS of job seekers for longer than 3 months
Right to reside remains if job seeker and their family satisfy some conditions