Lecture notes
eu citizenship
- Module
- EU Law
- Institution
- Coventry University (West Midlands) (CU)
quick summary of the most important articles and cases about eu citizenship
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- Different rights given to citizenship then someone classed as a workerTreaty of Maastricht - introduced motion of EU citizenship, now under Article 20 TFEU
- 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 (Second sentence added afterwards in Treaty of
Amsterdam - seems as though EU citizenship is secondary status)
- (definition which requires other definitions)
Citizenship Rights provided:
Article 18 TFEU
- 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
- A citizen of the European Union lawfully resident in the territory of the host Member
State can rely on Article [18 TFEU] in all situations which fall within the scope ratione
materiae of Community law
- Any discrimination or unequal treatment is prohibited
Article 20(2) TFEU
- (a) the right to move and reside freely within the territory of the Member States;
- (b) the right to vote and to stand as candidates in elections to the European Parliament
and in municipal elections in their Member State of residence… CONTINUED
Article 21 TFEU (outgoing nationals)
- Every citizen of the Union shall 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.
Baumbast
- Right of residence (Article 21 TFEU) is free-standing
- Right of residence is subordinate to the legitimate interests of Member States
- Citizens exercising such rights must not become an undue burden on the state
Key Directives:
Directive 90/364
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