Free Movement Rights

Question 1

A citizen of the EU is…

Answer 1

as defined by Article 20 TFEU, every national of a MS is a union citizen

Question 2

Article 21 TFEU grants…

Answer 2

Free Movement rights to all Union citizens, which are clarified in Directive 2004/38

Question 3

Case: Zhu and Chen v. Secretary of State for the Home Dept (2004)

Answer 3

Held: the child’s mother, as her primary carer, was also entitled oto remain in the UK as otherwise the child’s citizenship rights would be deprived of ‘any useful effect’

Question 4

Case: Zambrano (2011)

Answer 4

Held: Non-EU nationals, who are parents of minor EU citizens, have the right to reside and work in the EU if the denial of such rights would effectively force the EU citizen children to leave the territory of the Union, thus depriving them of the genuine enjoyment of the substance of their EU citizenship rights.

This is the genuine enjoyment test: It ensures that EU citizens (in this case, children) are not deprived of their right to reside in the EU.