40 Questions
What was the deliberate choice made by Catherine Zhu's parents?
To make her eligible for Irish citizenship
What is required for a child to exercise free movement and right to residence?
The child's financial resources must come from parents
What is the consequence if the parents of Belgian children born to Colombian parents are deported?
The children will have to leave the EU
What is the main goal of the Citizenship Directive?
To facilitate and regulate free movement
What is the condition for a Union citizen to have the right of residence for up to three months in another Member State?
Holding a valid identity card or passport
What is the right provided by Article 20 in Ruiz Zambrano?
A right to reside in the EU even if you don't move
What is required for residence in another Member State for more than three months?
One of the conditions specified in the Citizenship Directive
What is the entitlement of citizens according to Article 20?
To genuine enjoyment of the substance of the rights
What is the requirement for exercising the right to move and reside freely within the territory of the Member States?
The citizen must comply with the limitations and conditions laid down in the Treaties
Who is considered a worker according to the Citizenship Directive?
A person who is employed in another Member State
What is the category of residence established by later case law?
Parental and carer residence based on care for EU citizen
What is not a requirement for residence in another Member State for more than three months?
Holding a valid work permit
Who can accompany or join a Union citizen in another Member State?
Family members in possession of a valid passport who are not nationals of a Member State
What is the definition of 'residing' according to later case law?
Living in the territory of the EU
What is the purpose of the Citizenship Directive's Article 6?
To grant the right of residence for up to three months
What is the significance of the Citizenship Directive's legislation?
It limits the court's ability to interpret Treaty provisions
What is the primary purpose of Article 20 and 21 TFEU?
To provide a freestanding right to move and reside freely within the EU
What is the relationship between Article 20 and 21 TFEU and secondary legislation?
Article 20 and 21 TFEU are dependent on secondary legislation to implement
What is the main difference between the free movement of workers and EU citizenship?
The free movement of workers is dependent on economic activity, while EU citizenship is not
What is the significance of Article 20(2) TFEU?
It establishes the right to move and reside freely within the EU
What is the main purpose of Article 21(1) TFEU?
To provide a freestanding right to move and reside freely within the EU
What is the relationship between EU citizenship and economic activity?
EU citizenship is not dependent on economic activity
Is the EU primarily an economic organization or a political organization?
The EU is both an economic and political organization
What is the significance of the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect?
They provide a right to move and reside freely within the EU, subject to certain conditions
What is considered equivalent to marriage under Article 2(2)(a) CRD?
Civil partnership
What is the condition for a third-country national of the same sex as a Union citizen to reside in the territory of the Member State?
Conclude a marriage in a Member State
What happens to residence after 5 years?
It becomes permanent
What are the grounds for restrictions in the CRD?
Public policy, public security, public health
What is required for expulsion or denial of entry?
Notification and procedural safeguards
What is the main purpose of the system designed for limited use in severe cases?
To address violent crime
What is the provision that provides a free-standing right to reside in the territory of the EU?
Article 20 TFEU
What is the purpose of reviewing case law?
To clarify the right to reside in another EU Member State
What is the definition of a worker according to Lawrie Blum?
Anyone who undertakes genuine and effective work for which they are paid under the direction of someone else.
What is the implication of Article 14(4)(b) CRD?
Job-seekers cannot be expelled as long as they provide evidence they are seeking work.
What does Article 8(4) CRD state about sufficient resources?
Member States may not lay down a fixed amount for sufficient resources.
What was the outcome of the Bajratari case?
Resources from unlawful employment were considered sufficient.
What was the main issue in the Dano case?
The non-economically active Romanian in Germany was lawfully resident but did not qualify for benefits.
What is the requirement for qualifying for equal treatment with regards to benefits in the Dano case?
The individual must be non-economically active and lawfully resident in compliance with the Directive.
What is the implication of the concept of sufficient resources in the Citizenship Directive?
It applies to both economically and non-economically active citizens, regardless of where the resources come from.
What is the outcome of the Zhu and Chen case?
A child's resources from their parent are considered sufficient.
Study Notes
Article 20 and 21 TFEU
- Establish a right to reside, but to what extent?
- Provide a freestanding right, but dependent on secondary legislation to implement?
- Dependent on economic activity, but citizenship is different from free movement of workers
- The EU is an economic organization or a political organization?
Article 20(2) TFEU
- Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties
- They shall have, inter alia, the right to move and reside freely within the territory of the Member States
Article 21(1) TFEU
- 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
Case Law: Zhu and Chen
- Catherine Zhu, born in Northern Ireland to Chinese parents, made a deliberate choice to make her eligible for Irish citizenship
- Child didn't physically move residence, but was resident in a Member State other than which they were a national
- Court held that financial resources came from parents, no economic activity required, and residing in another Member State than which they were a national counted as exercising free movement and right to residence
Case Law: Ruiz Zambrano
- Does it provide a right to reside in the EU even if you don’t move?
- Free and self-standing right to reside, even if you don’t move and are residing in your home Member State
- Citizens entitled to a ‘genuine enjoyment of the substance of the rights’
- Creates a new category of parental and carer residence based on care for EU citizen
Citizenship Directive
- Directive 2004/38/EC
- Aimed at facilitating and regulating free movement
- Balances and compromises, increasing freedom and restrictions
- Legislation limits court's ability to interpret Treaty provisions
Citizenship Directive: Article 6
- Union citizens shall have the right of residence on the territory of another Member State for a period of up to three months without any conditions or formalities
- Also applies to family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen
Citizenship Directive: Residence up to 3 months
- Right of residence for up to three months possible if:
- Hold a valid identity card or passport from an EU Member State
- Family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining a Union citizen
Citizenship Directive: Residence for more than 3 months
- Residence for longer than 3 months if one of the following:
- You are a worker
- You have sufficient resources not to become a burden on the social welfare system and have comprehensive sickness insurance
- You are studying and have comprehensive sickness insurance
- You are a family member accompanying or joining one of the above
Citizenship Directive: Workers
- What is a worker? Covers anyone who undertakes ‘genuine and effective work for which they are paid under the direction of someone else’
- Concept of worker has been held to include job-seekers
- But remember ‘sufficient resources’ are required
Citizenship Directive: Sufficient Resources
- What resources count as sufficient?
- Article 8(4) CRD: ‘Member States may not lay down a fixed amount which they regard as ‘sufficient resources’ but they must take into account the personal situation of the person concerned’
- Does not matter where those sufficient resources come from, as long as not an undue burden
Citizenship Directive: Family Members
- Article 2(2)(a) CRD: Spouse, registered civil partnership considered equivalent to marriage, direct descendants under 21 or dependent, direct ascendents that are dependent
- Coman: A third-country national of the same sex as a Union citizen whose marriage to that citizen was concluded in a Member State in accordance with the law of that state has the right to reside in the territory of the Member State of which the Union citizen is a national for more than three months
This quiz assesses understanding of EU citizenship, specifically Articles 20 and 21 of the Treaty on the Functioning of the European Union (TFEU). It covers the extent of the right to reside, limitations based on free movement, and dependence on economic activity.
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