Free movement of person (EU Citizenship) Flashcards
What does Article 20 TFEU provide?
Every person holding the nationality of a Member State shall be a citizen of the Union.
Citizen’s of the union shall enjoy the rights and be subject to the duties provided for the Treaties.
(a) the right to move and reside freely within the territory of the Member State
(b( the right to vote and to stand as candidates in elections of the European Parliament
(c) the right to enjoy, the protection of the diplomatic and consular authorities
What does Article 21 TEFU provide?
Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to limitations and conditions.
This includes, the limitations provided by Article 45 TFEU
What does article 16, article 24 and article 27 provide?
Article 16: right of permanent residence after reading ‘legally for a continuous period of 5 years in the host Member State’
Article 24: once legally resident in another Member State, EU citizens and their family members enjoy equal treatment
Article 27: restrictions to the freedom of movement and residence of Union citizen and their family members, on grounds of public policy, public service or public health
EU citizenship rights - Article 18
‘Within the scope of application of the Treaties, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited’
Non-discrimination on grounds of nationality - Maria Sala [1998]
- Mrs Sala, a Spanish national, lawfully resided in Germany and had worked in Germany for many years.
- When she lost her job she stayed in Germany living on social assistance
- Her residence permit expired but the German authorities issued her with certificate stating that she had applied for an extension
- However she was refused child allowance as didn’t have the residence permit
EU citizenship rights in ‘wholly internal situations’
Morton v Netherlands [1982]
EU law rights of movement and residence can only be invoked once the citizen or worker has exercised rights of movements outside their state of nationality
