Free movement of persons (EU citizens)

Question 1

What happens if your nationality is taken away?

Answer 1

Your EU citizenship is also taken away, Rottman-case.

Question 2

When can a MS withdraw nationality?

Answer 2

When:
- the withdrawal is carried out in the light of EU law
- the withdrawal is proportionate in relation to the goal it seeks to achieve

Question 3

What can be said about the relation between EU citizenship and national citizenship?

Answer 3

EU citizenship is additional to national citizenship. EU citizenship as a status stands next to the nationality, but their interconnection requires that the core sovereign rights are subject to EU law because of citizenship

Question 4

What is the scope of the Citizenship Rights Directive?

Answer 4

(1) Applies only to natural persons, art. 1 CRD
(2) Applies to all Union citizens, art. 3 CRD and (3) their family member art. 2(2) CRD

Question 5

When is the CRD not applicable?

Answer 5

1. When a union citizen returns to their MS, because in that case art. 21(1) TFEU applies
2. When a Union citizen did not move to and reside in another MS, and did not return to their home MS.

Question 6

What does the right to move mean as in article 20(1) TFEU?

Answer 6

RIght to enter (art. 5 CRD) and exit (art. 4 CRD) a host MS.

Question 7

What does the right to residence mean as in article 20(1) TFEU?

Answer 7

1= short stay (art. 6 CRD)
2= residence for more then three months (art. 7 CRD)
3= permanent residence (art. 16 and further CRD)

Question 8

Which two requirements are there if you want to stay short in another MS as in article 6 CRD?

Answer 8

1. EU citizen or their familiy need to have a valid pasport (or ID)
2. EU citizen or their familiy are not an unreasonable burden in de host state (art. 14(1) CRD)

Question 9

When can you extend your stay longer then 3 months (but not permanent) as in article 7 CRD?

Answer 9

if you are looking for a job you can extend by six months.
(1) this extention is only applicable for the Union citizen
(2) that seeks employment
(3) or has a real chance of finding an employment

Antonissen-case.

Familiy member need to apply for a residency card.

Question 10

When examening art. 21(1) TFEU. What question do you have to ask yourself?

Answer 10

Is there a barrier for the free movement or taking up residence of a Union citizen?

Question 11

What kind of barrier to moving or residence as in art. 21 TFEU is there?

Answer 11

Direct? -> barrier distinguish according to the origin of the Union citizen?

Indirect? -> barrier affects Union citizens more then home nationals?

Non-discriminatory? -> does the barrier obstruct the access tot the territory of the MS?

If the answer to any of these are yes, we have to look at justification.

Question 12

When can a barrier to reside or move to another MS as in art. 21 TFEU can be justified?

Answer 12

art. 27 CRD, by public policy, public security
and public heath

+ proportionality test

Question 13

When can a indirect discrimination or non-discriminatory barrier be justified?

Answer 13

1. justification grounds in art. 27 CRD + proportionality test
2. justification in imperative requirement + proportionality test

Question 14

What is the purpose of the Charter of Fundamental Rights of the EU?

Answer 14

(1) Strengthening CRD rights
(2) Strengthening TFEU rights
(3) Protecting Charter rights as mandatory requirements to justify violations of fundamental freedoms
(4) Charter Rights as a counterbalance in the proportionality test

Question 15

Is the Charter of Fundamental Rights of the EU binding?

Answer 15

Yes, since the Lisbon treaty in 2007 it is as binding as the Treaties.

Question 16

When can a human rights of the Charter of Fundamental Rights of the EU be limited?

Answer 16

Art. 52 of the Charter.
(1) provided by law
(2) proportionality
(3) essential core doctrine