Session 11 : A Union of States and Citizens (a) EU Citizenship Flashcards
How did free-movement evolve overtime?
To qualify to the right of free movement, an individual had to satisfy two conditions: (MS nationality engagement in an economic activity)
Overtime → gradual erosion of the link between economic activity and free movement
Quote a proposal to create a new form of post-national citizenship
The Tindemans Report on the European Union (1975): chapter entitled ‘Towards a Europe for citizens” : The thrust of this was a number of proposals aimed at integrating Member State nationals resident in other Member States more fully into their host states. It was, therefore, proposed that they should be given a bundle of civil, political and social rights, which would place them on an equal footing with that state’s own nationals.
Citizen’s Right Directive
Citizens’ Rights Directive :
Codification and simplification of the pre-existing community instruments
a rights-strengthening impulse
CRD : Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members
What happens if something happens outside the scope of CRD?
If a situation falls outside the scope of the CRD: C-34/09 Zambrano (2011) → “genuine enjoyment test”, precludes national measures which have the effect of depriving citizens of the Union of the genuine enjoyment of the substance of the rights
Which rights are associated with CRD?
Right of exit and entry without visa or equivalent formalities (Articles 4 and 5 CRD)
Right of residence up to three months (Article 6 CRD)
Right of residence for more than three months (Article 7 CRD) : Economically active persons (Workers, Self-employed - 7(1) a) + PIMs and retired persons (7(1)b)
Right of permanent residence (Article 16 CRD)
Right to equal treatment under article 24 →
What do you need for equal treatment and right of residence to apply for right of residence?
they shall have ‘sufficient resources’ for themselves and their family members so as not to ’become a burden’ on the host MS’s social assistance system
- the host MS may require the Union citizen to have ‘comprehensive sickness insurance cover’ in the host MS
Enshrined by the Dano case → equal treatment and its link with lawful residence, have to meet certain requirements outlined above in order to exercise their right of free movement
Political rights at the heart of modern citizenship?
At the heart of modern citizenship is the right to engage fully and equally in the common affairs of the political community. This is usually translated into a series of political rights: the right to vote, to hold office and to hold office holders accountable.
Electoral rights?
Granted by primary law vote and to stand as a candidate at municipal elections + EP
Reinforced by secondary law : such as Directive 93/109/EC and Directive 94/80/EC
+ Spain V UK : the definition of the persons entitled to vote and to stand as a candidate in elections to the European Parliament falls within the competence of each Member State”
What do the treaties say about the rights associated with deliberative and participatory democracy?
Article 20 + 24 of the TFEU right to petititon and hold the administration accountable : the definition of the persons entitled to vote and to stand as a candidate in elections to the European Parliament falls within the competence of each Member State
What are the rights associated with deliberative and participatory democracy?
Citizen’s initiative
Right to petition the Parliament
Apply to ombudsman
Write to an institution and get an answer
Right to equal consular protection?
Horizontal effect: Defined by article 23 of the TFEU: Every citizen of the Union shall, in the territory of a third country in which the Member State of which he is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that State.
Vertifical effect: contribute to the protection of its citizens,
