Free movement of Citizens

Question 1

Explain the general structure of free movement of citizens

Answer 1

-1.Applicability of EU citizens
-Citizens?
-Harmonisation- Directive 2004/38/EC
-Yes? Art. 3(1) of dIRETIVE
-No? cbe
-Direct effect (Van Gend en Loos)

2. Restrictions
   TFEU
   
   1. Is it Restriction of free mmovement?(Art. 21 TFEU)
   2. Does it de jure or de facto deprive of enjoyment of EU citizenship rights? (Art. 20 TFEU)

Directive
1. Art 4 to 7?

3.Justifications
TFEU
-Imperative requirement , in pub. int.
- Proportionality?

Directive
-Art. 27 to 29

Question 2

What did the Rottman case conclude about free movement of citizens

Answer 2

-MS competence to decide who becomes citizen under IL
-Proportionality test
-MS citizens are also EU citizens so must also weigh rel. 2 EU citizenship rights

Question 3

what did the Ruis Zambrano case conclude about free movement of citizens?

Answer 3

-Resident right of fam. mem.
-derived from union citizen
-“insofar deprived of genuine nj. of substance of rights”
-if un. citizen is depend. on non-union

Question 4

What did the Dano case confirm about Free movement of Citizens

Answer 4

-Do not have the enjoyment equal treatmenet (Art. 24 Directive) 4
-social benefits
only if fulfill criteria of Art. 7

Question 5

What did the Grzelczyk Case: confirm about free movement of citizens

Answer 5

-Equal treatment 4 free movement of citizens
-right to maintenance grant
-can’t just be refused on grounds of nationality
-need proportionality

Question 6

What did the foster case confirm about free movement of citizens

Answer 6

-five year resident requirement for maintenance grant
-4 integr.
-proportionante

Question 7

What did the Coman Case confirm about free movement of citizens

Answer 7

• Mutual recognition
  -gay marriage