EU Citizenship: Articles 20 and 21 TFEU

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Questions and Answers

What was the deliberate choice made by Catherine Zhu's parents?

To strip her of her Chinese citizenship

To make her a UK citizen

To make her eligible for Irish citizenship (correct)

To deny her Chinese citizenship

What is required for a child to exercise free movement and right to residence?

The child's financial resources must come from parents (correct)

The child must be born in a Member State other than their nationality

The child must physically move to another Member State

The child must engage in economic activity

What is the consequence if the parents of Belgian children born to Colombian parents are deported?

The children will have to leave the EU (correct)

The children will lose their EU citizenship

The children will be granted permanent residence in Belgium

The children will automatically become Colombian citizens

What is the main goal of the Citizenship Directive?

To facilitate and regulate free movement Signup and view all the answers

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 Signup and view all the answers

What is the right provided by Article 20 in Ruiz Zambrano?

A right to reside in the EU even if you don't move Signup and view all the answers

What is required for residence in another Member State for more than three months?

One of the conditions specified in the Citizenship Directive Signup and view all the answers

What is the entitlement of citizens according to Article 20?

To genuine enjoyment of the substance of the rights Signup and view all the answers

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 Signup and view all the answers

Who is considered a worker according to the Citizenship Directive?

A person who is employed in another Member State Signup and view all the answers

What is the category of residence established by later case law?

Parental and carer residence based on care for EU citizen Signup and view all the answers

What is not a requirement for residence in another Member State for more than three months?

Holding a valid work permit Signup and view all the answers

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 Signup and view all the answers

What is the definition of 'residing' according to later case law?

Living in the territory of the EU Signup and view all the answers

What is the purpose of the Citizenship Directive's Article 6?

To grant the right of residence for up to three months Signup and view all the answers

What is the significance of the Citizenship Directive's legislation?

It limits the court's ability to interpret Treaty provisions Signup and view all the answers

What is the primary purpose of Article 20 and 21 TFEU?

To provide a freestanding right to move and reside freely within the EU Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What is the significance of Article 20(2) TFEU?

It establishes the right to move and reside freely within the EU Signup and view all the answers

What is the main purpose of Article 21(1) TFEU?

To provide a freestanding right to move and reside freely within the EU Signup and view all the answers

What is the relationship between EU citizenship and economic activity?

EU citizenship is not dependent on economic activity Signup and view all the answers

Is the EU primarily an economic organization or a political organization?

The EU is both an economic and political organization Signup and view all the answers

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 Signup and view all the answers

What is considered equivalent to marriage under Article 2(2)(a) CRD?

Civil partnership Signup and view all the answers

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 Signup and view all the answers

What happens to residence after 5 years?

It becomes permanent Signup and view all the answers

What are the grounds for restrictions in the CRD?

Public policy, public security, public health Signup and view all the answers

What is required for expulsion or denial of entry?

Notification and procedural safeguards Signup and view all the answers

What is the main purpose of the system designed for limited use in severe cases?

To address violent crime Signup and view all the answers

What is the provision that provides a free-standing right to reside in the territory of the EU?

Article 20 TFEU Signup and view all the answers

What is the purpose of reviewing case law?

To clarify the right to reside in another EU Member State Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

What does Article 8(4) CRD state about sufficient resources?

Member States may not lay down a fixed amount for sufficient resources. Signup and view all the answers

What was the outcome of the Bajratari case?

Resources from unlawful employment were considered sufficient. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

What is the outcome of the Zhu and Chen case?

A child's resources from their parent are considered sufficient. Signup and view all the answers

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

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Description

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.