Summary Institutional and Substantive EU Law - Citizenship
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Course
111215502Y
Institution
Universiteit Van Amsterdam (UvA)
This pdf contains both the lecture notes as well as the book information from the section Citizenship, in the second part of the course Institutional and Substantive Eu Law.
Legal Basis:
ART 10 TFEU → Political participations, Representative democracy
ART 18 TFEU → Free Movement rights and Equal Treatment
Art 20 TFEU→ EU citizenship
Art 21 TFEU→ Right to move and reside freely in EU territory / TCN
ART 22 TFEU → Standing for elections
ART 23 TFEU → Diplomatic and consular protection
Art 41 Charter → Good Administration
Art 42 Charter→ Documents
Art 46 TFEU→ Diplomatic Protection
Directive 2004/38
Charter Title V
1. Is the person a citizen
- Art 20 TFEU
Rights:
● Move and reside (Art 21)
● Right to vote and stand as candidates in elections to the EP and in municipal
elections in their MS of residence (Art 22) – C 145/04 Spain v UK
● Protection of the diplomatic and consular authorities (Art 23) –Decision
95/533/EC
● Right to petition the EP, to apply to the European Ombudsman (Art 24)
● EU citizenship is additional to national
EU Citizen rights:
● Right to enter - Article 5(1) Directive 2004/38
● Right to leave - Article 4(1) Directive 2004/38
● Right to reside
○ Without a job - Article 6 Directive 2004/38
○ With a job - Article 7 Directive 2004/38
● Right to remain after losing a job – Article 7(3) Directive 2004/38 if
○ Temporarily unable to find work due to illness
○ Involuntary unemployment and seeking work
○ Started vocational training
● Right of permanent residence – Article 16(1) Directive 2004/38 after continuous
residence for 5 years
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