100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Law of The European Union: Week 4 Full Notes $5.48
Add to cart
Quickly navigate to
Preview
  2.  
  3. Rijksuniversiteit Groningen (RuG)
  4.  
  5. RGBEE50110

Class notes

Law of The European Union: Week 4 Full Notes

1 review
 4 purchases
  • Course
  • RGBEE50110
  • Institution
  • Rijksuniversiteit Groningen (RuG)

This in-depth document covers everything that was discussed in Week 4 of the Law of The European Union course (LLB, year 2, block 1). Inside you will find the concepts from the lecture explained in a structured bullet point format with extensive explanation to help clarify the material. In particul...

[Show more]

Preview 2 out of 12  pages

Document information

  • October 14, 2023
  • 12
  • 2023/2024
  • Class notes
  • Mr dr j. lindeboom
  • Week 4

Subjects

  • eu law
  • law of the european union
  • schutze
  • non discrimination
  • explanation
  • case summary
  • fundamental rights
  • eu citizenship
  • rug
  • lecture notes

Written for

  • Rijksuniversiteit Groningen (RuG)
  • LLB International and European Law
  • RGBEE50110
All documents for this subject (5)

1  review

review-writer-avatar

By: patriciameka17 • 4 months ago

reply-writer-avatar

By: nikki03 • 4 months ago

Thank you for your review, I'm glad you liked the notes!

Seller

avatar-seller
nikki03

Reviews received

Content preview

Week 4: EU Citizenship, Fundamental Rights and Non-Discrimination
Law of the European Union | LLB International and European Law | Year 2 | Block 1

Lecture 1: EU Citizenship

Main Treaty Provisions:
● 20, 21, 18 (applies throughout; general principle of non-discrimination), 22-24 TFEU.

NOTE: Relationship between Directive and Treaty is more difficult regarding EU citizenship. The
structure that has been in use so far doesn’t work so well as a result — regardless, the concepts
at hand shall be laid out in as organised and comprehensive a manner as possible, as provided
in the lecture.

STEP 1: Is 20 TFEU, 21 TFEU OR Directive 2004/38/EC applicable?
● Is it about an EU Citizen?
○ EU citizenship is a status that is conferred on nationals or members of the
member state. Everyone who is a national of a member state is also an EU
citizen — therefore, if you are not a national of a member state, you cannot gain
EU citizenship.
■ Member states have competence over deciding who their nationals are.
Falls under public international law
● Micheletti: Mid 90s, regarded a dual-national Argentinian and
Italian. By birth M received Argentinian citizenship, but also
acquired Italian citizenship via Italian law. At one point, M wanted
to move to Spain and be self-employed. He claimed he was an EU
citizen, and thus had a right to the freedom of establishment.
Spain disagreed with this, while Italy did see M as Italian.
● CJEU: Only member states get to decide who their nationals are,
and if you are declared the national of one state, other states must
accept and recognise this.
○ This was introduced in the Treaty of Maastricht, 1983, with two objectives:
■ Political/symbolic objective: bringing the EU closer to the normal citizen
■ Political/legal objective: more consequential – to extend free movement
rights to non-economically active citizens (so all citizens: students, retired
persons, financially independent persons, etc)
○ CJEU: EU citizenship destined to be a fundamental status of member state
nationals.
■ Despite this being somewhat contradictory to the derivative + ancillary (ie.
necessary support) status of citizenship
■ See 31 Grzelczyk and 41-43 Rottmann.
○ Rottmann: Can a Member State strip one of their citizenship and, as such, also
strip their EU citizenship?
■ After conducting major fraud in Austria, R became German to lose
Austrian citizenship in order to avoid prosecution. However, he was found

, out, and had his German nationality withdrawn. R was left stateless. Is
this a case EU law applies to?
● CJEU: this decision is within the scope of EU law because R didn’t
only lose national citizenship, but also EU citizenship with it.
● The court found that a member state CAN deprive a person of
national and EU citizenship as long as proportionality is taken into
account. (para 55)
● Does the case fall within the scope of Directive 2004/38/EC?
○ 3(1): scope limited to EU citizens are are “moving to or residing in another
member state”
■ If one is hindered by their own member state or dissuaded by their own
member state to move away, this directive does not apply.

Structure within the Directive
● Articles 21 + 18 TFEU are concretised in Directive 2004/38, but this directive does not
exhaust all free movement rights.
● As an EU resident, one has the following rights:


Movement and residence rights Equal treatment rights

Directive provisions: 4, 5, 6, 7, 14(4)(b), 16 Directive provisions: 24


● Article 7 contains three categories of persons:
○ Workers + self employed
○ Persons with sufficient financial means
○ Students
● Also people who are no longer employed may retain worker status via 7(3) → important,
because once one is a worker they gain the right to equal treatment. Thanks to this
provision, even if you, e.g., get a (long-term) sickness, you retain that right. This ensures
that people who did work and lost their jobs remain ‘workers’ and keep those benefits /
rights.
● Derivative residence rights for family members: 7(1)(d), 7(2) and 7(4)
● 7(1)(b): Zhu and Chen
○ Context: China’s one child policy was still in place. This case regarded the
residence rights for EU citizens with a nationality of a third country.
○ The Chinese Mother used to travel to the EU for work a lot – and when she was
6-7 months pregnant with her second child, she went to Ireland and gave birth
there.
○ Given Irish law, if one is born on their territory, they acquire Irish citizenship, and
because of a different law in China the daughter did not acquire Chinese
citizenship.
○ They moved to Wales, meaning there was no border-crossing in this second
stage of events.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller nikki03. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $5.48. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

65040 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 15 years now

Start selling

Recently viewed by you

Package deal ·

(0)

NRNP 6566 WEEK LATEST WEEK EXAMS GRADED A+

Exam (elaborations) ·

(0)

PSYC 341 Quiz 3 - Questions and Answers

Class notes ·

(0)

Management, Organisatie en Recht- basis

Exam (elaborations) ·

(0)

ACE GROUP FITNESS INSTRUCTOR EXAM 2024

Exam (elaborations) ·

(0)

AINS 21 | 164 Questions and Answers 100% Solved

Exam (elaborations) ·

(0)

NC BLET 2023 Final 2023/2024 verified to pass

Exam (elaborations) ·

(0)

ATI TEAS Questions with correct Answers 2022

Exam (elaborations) ·

(0)

LMSW Practice Questions and Answers 100% Pass

Exam (elaborations) ·

(0)

NHIE QUESTIONS AND ANSWERS 100% CORRECT

$5.48  4x  sold
  • (1)
Add to cart
Added