‘Despite the introduction of EU citizenship, migrant workers still enjoy a more enhanced free-movement status when compared to economically inactive citizens.’ Critically discuss this statement.
One of my essay plans - I got the second-highest grade in the year with these essay plans (82%)
‘DESPITE THE INTRODUCTION OF EU CITIZENSHIP, MIGRANT WORKERS STILL ENJOY A MORE ENHANCED FREE-MOVEMENT STATUS WHEN
COMPARED TO ECONOMICALLY INACTIVE CITIZENS.’
● EU citizenship was established by the Maastricht Treaty. Prior to this, free movement rights were exclusive to
economically active citizens. The aim of the EC (now EU) was to prioritise economic integration and to consolidate
the internal market, however it was clear within the negotiations that there was a second rationale of addressing
the democratic deficit and make citizens feel closer to the EU.
● Whilst this essay will compare the rights of ‘economically active’ and ‘economically inactive’ citizens, it is to be
noted that all rights conferred to economically inactive citizens are also given to economically active citizens.
● This essay will analyse the rights of migrant workers and economically inactive citizens: first in light of the treaty
provisions; then the secondary legislation; finally, how these rights are applied in the case law.
● Concluding that yes, migrant workers do enjoy more enhanced free-movement status when compared to
economically inactive citizens. Largely the gap in rights is due to the more restrictive approach taken by the courts.
TREATY PROVISIONS (1 CASE; 3 ACT SECTIONS)
● Workers right to reside:
o Article 45 TFEU confers on workers directly a right of entry into a host Member State (Royer)
o As it is directly effective, individuals are able to invoke the provision before national courts.
o A right to reside of a worker cannot be made conditional upon additional documents over and above a
residence permit, as per Commission v Belgium.
● Workers right to non-discrimination
o Article 18 TFEU prohibits any discrimination on the grounds of nationality, and Article 45 TFEU gives specific
expression to the principle of non-discrimination within the context of workers.
● Economically inactive citizens right to reside:
o Article 21 TFEU convers a right upon all EU citizens to have the right to move and reside freely within the
territory of the member states, subject to the limitations and conditions laid down in the treaties and by the
measures adopted to give them effect.
o Workers also have access to this.
● Economically inactive citizens right to non-discrimination
o Article 18 prohibits any discrimination on grounds of nationality.
o Workers also have access to this.
● Comparison
o On the surface, it seems like migrant workers enjoy similar rights to migrant workers. However, the caveat to
this is the ‘subject to conditions and limitations clause’.
● Article 7 CRD gives an extended right to move to workers and citizens, but how they trigger that is where the
privilege to workers becomes apparent.
● For migrant workers, Article 7 confers on them an extended right to move and reside automatically by virtue of
the fact that they are workers. The case law tells us that workers don’t even have to be self-sufficient:
o Part-time workers can qualify even if wages fall below official subsistence level (Levin);
o Part-time workers can qualify even if they must supplement their income from public/private funds (Kempf);
o Part-time workers can qualify even if the number of hours worked is relatively small (Raulin)
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