Rights of EU Citizens

Question 1

Uecker and Jacquet

Answer 1

Article 20 TFEU doesn’t extend scope to purely internal situations.

Question 2

Baumbast

Answer 2

Children of EU citizen had right to reside until they finished education, alongside primary caregiver.

Question 3

Zhu and CHen

Answer 3

Chinese national had child in Ireland then moved to Wales, child was EU citizen, mother had insurance and sufficient resources to reside under Directive 2004/38.

Question 4

Grzelczyk

Answer 4

French student applied for social benefit in fourth year of university, looked as if he didn’t have sufficient resources to reside, but the benefit was freely available to Belgian nationals so it would be discriminatory not to allow it.

Question 5

Brey

Answer 5

Germany national in Austria relied on benefits, did not have sufficient resources to lawfully reside. Taking into account a number of considerations, would awarding benefits to the claimant constitute an unreasonable burden on the social assistance system?

Question 6

Dano

Answer 6

Articles 18 and 20 and Directive 2004/38 do not preclude countries from excluding non-nationals who do not contribute economically from some benefits.

Question 7

Zambrano

Answer 7

Columbian nationals moved to Belgium, tried to get refugee status, got work and had child in Belgium. Article 20 is to be interpreted as precluding a MS from refusing a third country national upon whom EU citizens are dependant a right of residence.

Question 8

Alimanovic

Answer 8

Benefits were stopped as claimants had only worked for a short time in the Member State before claiming the benefits.

Question 9

Singh (2014)

Answer 9

Indian national and Latvian national resided in Ireland. She returned to Latvia and commenced divorce proceedings, he lost his right of residence.

Question 10

Rottmann

Answer 10

Member States can remove citizenship granted on basis of deception as long as proportionate.