These are the notes that I used to revise for my EU Law exam. They contain all the key cases and legislation, along with debate surrounding some of the main concepts. A bundle is available containing this document and others separate EU law topics.
The last pages were just a copy paste of articles, not very useful!!
By: gebeaney • 6 year ago
By: erinnstrain • 7 year ago
By: farhan187 • 7 year ago
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EU Citizenship
People not regarded as EU citizens until TEU 1993. Provisions now form Art 18-25 TFEU.
Art.20(1): Citizenship of the Union is hereby established. Every person holding the nationality of a Member State
shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.
- Anyone with citizenship of member state therefore EU citizen. Nationality is conferred purely by national
law of state concerned.
- Dual nationality then can be either, even if not born in EU (Micheletti 1992)
Art.21(1): every citizen can reside freely within member states subject to treaties.
Kaur 2001: Ke a sought to e o e EU itize e e though did t pass UK atio alit test. Held that ust
become national citizen first before EU citizen. Illogical otherwise. Also up for state to decide whether someone is
a citizen. British Nationality Act 1981
- Art.21(1) directly effective in national courts (Baumbast 2002).
- Baumbast 2002: German man got job abroad so tried to deport Colombian wife. She was allowed to stay
as primary carer for daughter who had dual nationality. T ied to depo t as si k ess i su a e did t o e
e e ge t eat e t . Held disp opo tio ate. Courts must also give consideration to PROPORTIONALITY
eg. Whether a burden to public purse, resources etc.
-
Art.18(1): Within the scope of application of the Treaties, and without prejudice to any special provisions
contained therein, any discrimination on grounds of nationality shall be prohibited.
Martinez Sala 1998 Spanish national lived in Germany 1968 worked 1976-1986. Stopped claiming child benefit.
Held that Art.18 applies if legally residing in EU member state. Does t ha e to e e o o i all a ti e.
Line is crossed when beneficiaries of residence become an u easo a le u de o pu li fi a es (Grzelczyk
2001). But needs to be interpreted as not always benefits count eg can claim student loan Bidar 2005 or student
grant Forster 2008. But in Forster 2008 held that 5 year wait to claim grant is proportionate as shows integration
into society.
Bidar 2005: National law cannot disadvantage citizens who exercise their treaty rights.
Even if it discriminates against own people (Tas-Hagen 2006): Dutch moved abroad and were stopped claiming
i ilia a e efit i Holla d e ause the e e t eside ts he the su itted lai . Held dis i i ato to
those exercising movement rights.
Zhu and Chen 2004: People any age can invoke rights. Child born in NI hence Irish national & EU Citizen. Court
held Chinese mum allowed to reside in UK with child as not to would deprive child of any effective benefit of
residence.
TAS-HAGEN Test ele e ts i o de to justif est i tio of Citize s ights
- Based on objective considerations of public interest
- Independent of nationality of persons concerned (ie not prima facie discriminatory)
- Appropriate (must achieve desired objective)
- Proportionate (restriction must be absolutely necessary ie minimum restriction)
(All 4 satisfied in Forster 2008)
Criticisms of these cases eg Besson & Utzinger: La is ague eg e tai deg ee of i teg atio (Forster 2008).
, Directive 2004/38
- Art.4: All EU citizens can leave home state with valid passport/ID card.
- Art.5: All can e te othe state ith alid passpo t/ID a d. Also fa il e e s ho a e t EU itize s, if
the ha e isa. But if do t ha e ight t a el do s, ust gi e the e e oppo tu it efo e tu i g the
away.
- Art.6: Right of residence for 3 months without any conditions or formalities.
- Art.7: Can stay longer than months if
- worker/self employed
- ha e suffi ie t esou es , fa il e e s do t e o e a u de a d ha e o p ehe si e si k ess
o e
- a e stude ts ha e o p ehe si e si k ess o e a d assu e autho ities the ha e suffi ie t esou es
- Art.8: state may make citizen register after 3 months otherwise can issue sanctions but imprisonment or
deportation disproportionate (Royer 1976)(from previous directive). Afterwards state will issue
registration certificate. In order to get one citizen must submit evidence for fulfilling Art.7. If family
e e spouse, pa t e , depe da t sa e p o ess, ut if o EU itize egist atio a d i stead,
expiring when citizen family member leaves or max 5 years.
- Art.12 If death of EU citizen, family members not automatically lose right if eg in fulltime education and
can satisfy Art.7(1). For non-EU citizens, must have been resident for at least 1 year before death.
- Art.13 Same for divorce, ie must satisfy Art.7.
- Art.14 Retention of rights ie Art.6 right as long as not burden on social assistance (not automatic of
claiming though)-subjective.
- Art.16 Permanent residence if continuous stay of 5 years. For family members, 5 years alongside citizen.
Art.16(3) Continuity not affected by eg stays away under 6 months, compulsory military service, illness
etc.
- Art.17 e eptio s eg do t ha e to e ea s if retire, become incapacitated to work etc. Art.17(3) family
members can become permanent if eg worker dies and been there more than 2 years or worker dies of
work accident etc.
But Art.17(3) a iguous as does t state that ea s ust i ediatel p e ede death. Givane 2003 held it does
as o espo ds ith i teg atio so o l logi al. I ase, a left fo I dia afte ea s ut etu ed fo
months before death of spouse.
- Art.22 can only apply territorial restrictions to EU citizens if same apply to nationals.
- Art.24 ge e al p i iple of e ual t eat e t .
Art.2 definition of family members.
- Allo s fa il e e s as ould e assi e fi a ial a d e otio al disi e ti e if the e e t allo ed.
- “ouse : a ital pa t e o l . C iti is Clare McGlynn stereotype of marriage. What if separated and not
di o ed. Do t e e ha e to oi ha it (Diatta 1985).
- Diatta 1985: does t atte he e a iage took pla e.
- Metock 2008: does t atte ho as i ou t fi st. I this ase as lu seeke i I ela d a ied EU
national who came to country after her. I espe ti e of atio alit
- I UK o l alid pa t e equivalent to marriage as Art.2(2)(b) would be civil partners (Civil Partnership
Act 2004).
- Des e da ts i ludes step hild e (Baumbast 2002) court made purposive interpretation rather than
literal.
- Depe da ts uestio of fa t, does itize p o ide fi a ial suppo t. Jia 2007 must need the support to
li e a d a ot get it he e the e o i g f o . App op iate ess test.
- Eind 2007 Dutch national worked abroad was joined by Surnamese daughter. Returned to Holland
e o o i all i a ti e. Held she ould sta as he should t e at disad a tage f o usi g his o e e t
rights. Being economically inactive irrelevant as Dutch national.
- Art.3: othe fa il e e s eg pa t e s of EU itize ith du a le elatio ship .
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