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Seminar European law Week 4
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Answers from the seminar for the course European law, week 4
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WEEK 4 – EU CITIZENSHIPREADING
Literature
Barnard & Peers, Chapter 13: Free movement of natural persons and citizenship of the Union
(38 pages)
Barnard & Peers, Chapter 16, Section 6: Exceptions to the free movement rules (4 pages)
Legislation and cases
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the
right of citizens of the Union and their family members to move and reside freely within the
territory of the Member States (Citizenship Directive also mentioned as CRD in the Barnard &
Peers) (see week 2)
Case C-158/07 (Förster) (see week 2)
C-34/09 (Ruiz Zambrano)
Case C-133/15 (Chavez)
Case C-85/9 (Martinez Sala)
Seminar questions
QUESTION 1
After many years of advising a clinic in the Netherlands, John, an Irish national, decides to stop
working. He is 63 years old now and would like to spend some more time with his wife Gillian, also an
Irish national, who has already stopped working some years ago. John considers buying a house on
the southeastern coast of Spain and moving there permanently in order enjoy the nice weather. He
and his wife have sufficient resources to support themselves and they both have a comprehensive
sickness insurance.
Do John and his wife on the basis of European Law have the right to move to Spain and to reside
there permanently? Explain your answer.
Directive 2004/38 is based on article 21 TFEU, because that is the only article that does deal with
non-economically active persons. If you are economically active, there are no additional
requirements, such as being self-sufficient. You are self-sufficient if you are not an excessive burden
on the social system of the member state. It does not mean that any reliance on social burden is an
excessive burden. The principle of proportionality and the facts of this particular case are also
important in this case. The same applies for health insurance. Look at art. 16 and 17 Directive
2004/38.
Under Directive 2004/38, article 16; Union citizens who have resided legally for a continuous period
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