EU Citizenship & Free Movement in the UK

Free Movement of Persons: EU Citizenship in the UK Context

• The lecture studies Union citizenship and its application in free movement, impact of Brexit on EU citizenship and rights of UK nationals, and complexities in regulating the rights of UK nationals after Brexit based on their transitional status.
• Court of Justice describes Union citizenship as the fundamental status for Member State nationals, ensuring equal legal treatment regardless of nationality, subject to explicit exceptions.
• Union citizenship is the fundamental status of Member State nationals and is cited in Directive 2004/38 preamble §3.
• The development of Union citizenship aimed to increase the EU's relevance to its citizens; provisions were first introduced in the 1992 Treaty of Maastricht.
• Article 20 TFEU establishes Union citizenship, where nationality of a Member State equates to Union citizenship.
• The right of free movement and residence is extended to all Union citizens, irrespective of economic activity.

Connection Between Citizenship, Residence, and Rights

• Case C-200/02, Zhu and Chen established that a child born in Northern Ireland to Chinese parents acquiring Irish nationality has the right to reside in the UK, with parents allowed residence for the child's rights to be effective.
• Case C-34/09, Ruiz Zambrano protected the rights of Colombian children born in Belgium with Belgian nationality, allowing them and their parents to remain in Belgium to ensure genuine enjoyment of Union citizenship rights.

Free Movement and Residence: Limitations and Conditions

• Court of Justice case law has redefined social solidarity boundaries in the EU concerning equal treatment of Member State nationals.
• Article 21 TFEU grants every Union citizen the right to move and reside freely within Member States, but it is subject to treaty-defined limitations and conditions and the measures implemented to enact them.
• Article 21 TFEU is directly effective and supported by Case C-413/99 Baumbast.
• Article 25 TFEU states rights can only be enlarged and not diminished

Loss of EU Citizen Status and Attached Rights

• Loss of a Member State's nationality results in losing EU citizenship and related rights.
• This was emphasized by the Court of Justice in Case C-135/08 Rottmann, which stated that while German naturalisation withdrawal can lead to Union citizenship loss, this does not contravene EU law if the withdrawal respects proportionality principles.

Brexit's Impact: EU Citizenship and Rights

• Brexit causes the loss of EU citizenship and associated rights, unless dual nationality is held (UK + another EU state).
• Brexit ends the right to free movement and residence in the EU for UK nationals.

UK Nationals After Brexit: Rights and Categories

• UK nationals with Member State nationality experience no change in rights and can still rely on Article 21 TFEU, supported by Case C-369/90 Micheletti.
• UK nationals who had legally resided in a member state before the end of the transition period (December 31, 2020), including their family members, retain certain rights.
• The right to residence, permanent residence, exit and entry, and all rights available to EU citizens under the Citizenship and Residence Directive are protected.
• Article 4 of the EU–UK Withdrawal Agreement allows UK nationals to directly invoke EUWA rights, as implemented via domestic legislation, with judicial and administrative powers to override conflicting domestic laws.
• The EU-UK Withdrawal Agreement safeguards residence rights by specifying that Union citizens and UK nationals have the right to reside in the host State under Articles 21, 45, or 49 TFEU and Directive 2004/38/EC.
• The host state isn't allowed to impose extra limitations/conditions for obtaining, retaining, or losing residence rights other than what is already said within the EU-UK Withdrawal Agreement
• Union citizens and UK nationals must apply for a new residence status to show their rights and provide documentation

Residence Status Systems: Constitutive vs. Declaratory

• UK Settlement scheme is a constitutive system that requires application for residence status.
• Ruled that settlement scheme for those not qualifying for permanent residence was incompatible with EUWA.
• Union citizens/UK nationals with 5 years of legal residence in host state have right to permanent residence under Directive 2004/38/EC.

The EU-UK Trade and Cooperation Agreement

• The EU-UK Trade and Cooperation Agreement ensures social security coordination, affecting EU citizens working in or moving to the UK, and vice versa, after January 1, 2021.
• It also gives privileged treatment to EU/UK service providers, subject to national regulations.

The Right to Free Movement and Residence

• Citizenship Directive includes an immigration code that defines the rights of Union citizens to move and reside in another Member State.
• Directive 2004/38/EC of April 29, 2004, addresses the right of Union citizens and their families to move and reside within Member States is key legislation
• Directive must be read within the context of the Courts statements about the significance of citizenship of the Union
• Case C-184/99, Grzelczyk v Centre public d'aide sociale d'Ottignies-Louvain-la-Neuve describes citizenship of the Union being the fundamental status of Member State nationals, enabling equal legal treatment regardless of nationality
• Citizenship Directive is more than rules on entry, residence and equal treatment; recasts those rules in the context of citizenship of the Union and introduces a new right of residence.
• Directive has a constitutional, not just immigration, significance.

Directive 2004/38 in the UK Context: Who is Covered?

• UK nationals holding dual nationality of a Member State
• UK nationals covered by EUWA in their member state of residence.

Exit and Entry Rights for EU Citizens

• Article 4 of the Citizen's Rights Directive details the citizens right of exit.
• Union citizens can leave a Member State with a valid ID or passport, also for non-national family members with a valid passport
• No exit visa may be imposed.
• Member States must issue and renew ID cards/passports stating nationality.
• Passports shall be valid for all Member States and countries needed for travel
• Case C-33/07, Jipa shows a Romanian was refused permission to leave Romania to travel to Belgium, where he had previously been an 'illegal resident'

Right of Entry

• Article 5 of the Citizen's Rights Directive grants Members States shall allow Union citizens leave to enter their territory with a valid ID card or passport and shall grant family members who are not nationals of a Member State leave to enter their territory with a valid passport.
• No entry visa may be imposed.
• Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law.
• The residence care also shall exempt family members from the visa requirement.
• Member States shall grant such persons every facility to obtain the necessary visas, free of charge and be issued quickly
• Host member state must not place an entry or exist stamp into the passport of the family members who aren't Member State nationals given then residency card issued in Article 10
• Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or necessary visas, the Member State concerned shall give them every reasonable opportunity to provide this.
• Member States my make people report their presence within its territory without any discriminatory sanctions
• Case C-378/97 Wijsenbeek shows refusal to present passport at airport is permissible border control.
• Case 118/75 Watson and Bellmann says failure to meet requirement to register on entry into Italy must not result in disproportionate penalties reasonable time to be allowed

Additional Requirements Under EUWA

• Article 18 EUWA grants host States may require Union citizens or UK nationals living in their territory to apply for new residency status in alignment with the requirements.

Residence: Rights and Conditions

• The Citizen's Rights Directive outlines residence rights within the EU.
• Article 6 grants 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 other than holding a valid identity card or passport.
• This also applied to non-national family members with a valid passport joining the Union citizen
• Article 7 (Citizen's Rights Directive) Right of residence for more than three months is conditional on they are workers or self-employed persons in the host Member State; or
• Have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State; or
• Are enrolled at private or public establishment for a course etc. and comprehensive insurance cover in the host state and relevant financial declarations
• The provisions extend to non-national family members joining Union citizens that meet some of the above conditions
• Union citizens who no longer work shall retain status under certain circumstances to continue to gain relevant benefits.

Administrative Formalities & the Right to Permanent Residence

• Article 8 outlines there can be registering with relevant authorities.
• Registration deadline cannot be less than three months and registration must given immediately once provided the name, address etc of person registering
• For issuance of certificate there may be requests of evidence
• Can be required for the family members of the Union citizens who are citizens themselves with relevant documents
• Article 14 outlines a right of residence, as long as they do not become an unreasonable burden on the social assistance system
• Article 16 outlines a right to to permanent residence if legally resident for a continuous period of five years.
• Article 15 of EUWA outlines permanent residence based on Directive 2004/38 EC
• Article 17 of the Citizenship Directive describes person exemptions no working in the host Member State
• Linked cases C-424/10 & C-425/10 Ziolkowski & Szeja describes Art. 16 Directive 2004/38 should be construed a fulfilling conditions laid down in that directive etc.
• Article 15 EUWA states that Continuity of residence for he purposes etc
• After being acquired, permanent residence shell only be lost after 5 years
• Legal residence which complies with the law of a member state, but does not satisfy the conditions laid down in Art. 7(1) cannot be regarded as 'legal'

Defining "Family Members" in the Context of EU Law

• Article 2 defines who family members are in the Citizen's Rights Directive: the spouse; partner with registered partnership, direct descendants (if under 21 or are dependants etc.), host Member State moving for right of free movement
• Case C-673/16 Coman: Art. 21(1) TFEU prohibits refusal of a Member State to recognize a marriage between persons of the same sex in another Member State

Rights & Residence Cards of Family Members

• Article 3: This Directive applies to all Union citizens living in a Member State, others apart from national
• Member States shall help entry and residence for family members not in definition etc, Union citizen has a relationship
• Residence Cards for Family Members is shown in Article 9 and Article 10 with administration formalities and the right to residency documents
• Valid for 5 years and absences will not invalidate it
• Retention of Right of Residence for Family Members is covered by Articles 12-13 of the Citizenship Directive and is relevant when there had been a death etc

Equal Treatment: The Backbone of EU Citizenship

• Union citizenship necessitates a degree of financial solidarity from a host Member State toward other Member State nationals, even if issues are only temporary.

Equal Treatment Under EUWA

• UK nationals also benefit from equal treatment under EUWA, linked to Article 18 TFEU.

Rights in Accordance with Directive 2004/38

• All Union citizens in a host Member State should receive equal treatment as the nationals of the other state within the scope of the Treaty subject to the relevant provisions
• All family members of family members too
• However, a Member State does not have an obligation to provide social assistance for the first three months or where appropriate or maintenance aid for study purposes to the people other than workers of self employed or members of their families.

Directive 2004/38 Hierarchy

• Short-term visitors: No state obligation to provide any access to social assistance.
• Economically active enjoy: unlimited right to social assistance from day one if workers of self employed etc as a result of retainage of conditions.
• Permanent residences cannot be limited to social state by restrictions.

Self-Sufficiency & Sufficient Resources

• Art. 7 outlines if its non-active and with sufficient resources this is economic burden or not
• Declaration necessary for financial stability
• Pensions only apply to a certain extent to independent people
• Not necessary have period resources with sufficient capitals
• State must not lay down a fixed amount
• Must account for personal situation
• Total Amount of aid granted, EU history and more to consider all

Comprehensive Sickness Insurance

• To meet the requirements of the Host State one contracts in and meets the standards etc.

Proportionality in Assessing Social Assistance

• Host member State has to agree to a certain level of Union Law which makes it easier

Commission vs. Belgium

• Conditions the Belgian law made under self-sufficiency, and some level that the right of residence was impaired.
• Integration is a process when applying for residence

Cases of Note regarding Law

• Baumbast a German without insurance is under article 20 and has rights to continue to gain and reside which is not disproportionate
• Brey; held that EU legislation was not as right benefits in this country, to residence that relies on sufficient resources
• Genuin link tests, to the main area is the level of integration in the State which is of attained

Prevention of Benefit Tourism Law

• Focus has shifted from this in past years and will continue to focus on the secondary legislation

Dano Law

• Upported social benefits and stated that the citizens and only gain equal rights when there residence meets some degree of support
• Right of residence can be equal to some nationals in those same criteria
• Union cannot claim social residence as right without proper Directive

Justification of Difference Scopes

• Under Directive with new legislation such as Dano more is required that should provide some proper degree of support all

Restrictions: Public Policy, Security, and Health

• Restrictions allowed on entry and residence based or public police and more
• Need a reasonable degree of justification of the above concepts are required for reasoning
• What Are The Grounds the legal principle is in case bouchereau the requirements in the society needs some fundamental requirements.

Measures Compliance for Citizens

• Citizens need to be treated by the principles listed by this
• Can vary as a principle per country by van duyn said.
• Publicly the Union has issued this to take in Union citizenship and understand problems that is presented at hand
• Joined cases with Adoui, and stated the case must apply measures within
• Rutili, and can look at certain politics.

What is Public Security?

• Protections of a state from terrorism etc.
• Sakouridis judgement in offenses involving drugs, with those 10 more.

Measures in Place Need Personal Conduct Only

• 27 (2),(3) of compliance which should contain this personal measures and reasons
• Personal conflict and can involve reasons and interest.
• 1977 previously and more cases.

Any Expulsion

• Can be to those who harm one on the grounds of public policy should be for such.
• Directive: Protection against expulsion
• Orfanopoulos and Orlandi, those who are national and cause offences
• It is not proper directive should be given that right to expulsion at state

Right of Access

• Member must access all to check to appeal the grounds
• No enter while the right of way of the case in person should a issue exist
• 300 is an instance where the access is required to make the case
• Right is not there to have all private, but rather only give reasons and cases.

What is Public Health

• Only what and how has diseases the most that is.
• Member has to have those months to certify any conditions as well.
• The decision has to be given written, and a manner is required for proper access of understanding.

Freedom of Movement

• What is the worker what are the more benefits and should provide it.
• This helps all be equal and gives more to this degree.
• What are those concepts, which have more advantages and what are the difference there too.

Law to Those in Work

• What is proper those which show those factors as there for it
• Has to all be valid and be that in these times
• Concept of being workers helps as such
• Is all said, in these all facts and is what is done.
• Should all be shown to see the most in those times.

What Defines A Certain Role

• Such an area the certain role is the state and those cases.
• What can they to the benefit of the state so to speak of it.
• Under directive what is and how does that give them power to.

Workers

• What is should not just and and that for any reasons to state only as the directive in power

Tests on What a Worker

• How a person what does that for show
• Can be those certain rights given to them by such as case to show.
• This goes to help gain if need be and if there is a cause for it

Rights Based From Regulation

• This flows to provide those laws and what was gained that way