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Questions and Answers

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

To make her eligible for Irish citizenship (correct)

To make her eligible for Chinese citizenship

To make her eligible for Colombian citizenship

To make her eligible for Belgian citizenship

According to the Court, what was sufficient to establish residency in another Member State?

Financial resources coming from parents (correct)

Engaging in economic activity

Having a national in another Member State

Physical movement of residence

What would have resulted in the children leaving the EU in the Ruiz Zambrano case?

Their parents' acquisition of Belgian citizenship

Their parents' relocation to another Member State

Their parents' deportation (correct)

Their parents' change in employment status

What is the core element of the right to reside under Article 20, as established in the Ruiz Zambrano case?

Genuine enjoyment of the substance of the rights (D) Signup and view all the answers

What is the new category of residence established by the Ruiz Zambrano case?

Parental and carer residence (C) Signup and view all the answers

What is the right guaranteed to every citizen of the Union under Article 21(1) TFEU?

The right to move and reside freely within the territory of the Member States (B) Signup and view all the answers

What is the primary goal of understanding Articles 20 and 21 of the TFEU?

To understand the limitations of free movement (C) Signup and view all the answers

What is the condition for the exercise of the right to reside under Article 20?

Residing in another Member State than which they were a national (B) Signup and view all the answers

What is the basis of the right to move and reside freely within the Member States according to Article 20(2) TFEU?

The Treaties (C) Signup and view all the answers

What is the scope of the 'genuine enjoyment of the substance of the rights' under Article 20?

Living in the territory of the EU (A) Signup and view all the answers

What is the primary difference between the free movement of workers and EU citizenship?

Economic activity is required for workers, but not for citizens (C) Signup and view all the answers

What is the nature of the EU according to the discussion on Articles 20 and 21 TFEU?

A mixed economic and political organization (C) Signup and view all the answers

What is the role of secondary legislation in the context of Articles 20 and 21 TFEU?

To implement the Treaties (D) Signup and view all the answers

What is the relationship between Articles 20 and 21 TFEU and the concept of EU citizenship?

They provide a freestanding right to move and reside freely (D) Signup and view all the answers

What is the primary limitation on the right to move and reside freely within the Member States according to Article 21(1) TFEU?

The limitations and conditions laid down in the Treaties (C) Signup and view all the answers

What is the significance of understanding the limitations of free movement in the context of EU citizenship?

It is crucial for understanding the rights and duties of EU citizens (A) Signup and view all the answers

Who defined a worker as someone who undertakes 'genuine and effective work for which they are paid under the direction of someone else'?

Lawrie Blum (D) Signup and view all the answers

What is the main criterion for determining 'sufficient resources' under the Citizenship Directive?

The personal situation of the person concerned (D) Signup and view all the answers

What was the outcome of the Dano case?

The Court ruled that a non-economically active Romanian in Germany was not entitled to equal treatment and access to non-contributory social benefits (B) Signup and view all the answers

What is the significance of the Antonissen case?

It established that job-seekers are considered workers (C) Signup and view all the answers

What is the main implication of the Bajratari case?

Resources coming from anywhere, including unlawful employment, are considered sufficient (D) Signup and view all the answers

What is the significance of Article 14(4)(b) of the CRD?

It prohibits the expulsion of EU citizens who are seeking work (C) Signup and view all the answers

What is the main implication of the Zhu and Chen case?

Resources coming from children are considered sufficient (C) Signup and view all the answers

What is the main criterion for determining lawful residence under the Citizenship Directive?

The compliance with the conditions set out in the Directive (C) Signup and view all the answers

What is the main aim of the Directive 2004/38/EC?

To facilitate and regulate free movement (A) Signup and view all the answers

What is the period of residence allowed without any conditions or formalities?

Up to 3 months (A) Signup and view all the answers

What is required for a Union citizen to reside in another Member State for up to three months?

A valid identity card or passport (C) Signup and view all the answers

Who is eligible for residence for longer than three months?

All of the above (D) Signup and view all the answers

What is a requirement for a family member who is not a national of a Member State to accompany or join a Union citizen?

A valid passport (D) Signup and view all the answers

What is the purpose of the legislation limiting the court's ability to interpret Treaty provisions?

To balance freedom and restrictions (C) Signup and view all the answers

Under what circumstances can a third-country national of the same sex as a Union citizen reside in the territory of the Member State?

If married in a Member State in accordance with the law of that state (B) Signup and view all the answers

Who is considered a worker under the Citizenship Directive?

Anyone who is engaged in economic activity (A) Signup and view all the answers

Which of the following family members are considered equivalent to a spouse under the Citizenship Directive?

Registered civil partner (D) Signup and view all the answers

What is a condition for a Union citizen to reside in another Member State for more than three months?

All of the above (D) Signup and view all the answers

What is the condition for residence to be made permanent after 5 years under the Citizenship Directive?

Absences of up to 6 months (B) Signup and view all the answers

What is the basis for restricting the right of residence under the Citizenship Directive?

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

What is the procedure for restricting the right of residence under the Citizenship Directive?

Notification, procedural safeguards, limited duration (A) Signup and view all the answers

What is the purpose of Articles 20 and 21 of the TFEU?

To establish a free-standing right to reside in the territory of the EU (C) Signup and view all the answers

What is the main principle underlying the CRD's system of restrictions?

Proportionality and consideration of long-term residence (D) Signup and view all the answers

What is the context in which the system of restrictions under the CRD was seen in action?

During the pandemic (A) Signup and view all the answers

Study Notes

Article 20 and 21 TFEU

Article 20 and 21 TFEU provide a freestanding right to reside in the territory of the EU
Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties (Article 20(2) TFEU)
The right to move and reside freely within the territory of the Member States is subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect (Article 21(1) TFEU)

Case Law: Zhu and Chen

The court held that it is sufficient that financial resources come from parents, no economic activity is required
Residing in another Member State than which they were a national, even if they were born there, counts as exercising free movement and right to residence

Case Law: Ruiz Zambrano

The court held that Article 20 provides a free and self-standing right to reside, even if you don't move and are residing in your home Member State
Citizens are entitled to a 'genuine enjoyment of the substance of the rights'
Creates a new category of parental and carer residence based on care for an EU citizen

Limitations and Conditions

The Citizenship Directive 2004/38/EC aims to facilitate and regulate free movement
The Directive limits the court's ability to interpret Treaty provisions
Residence for up to three months is possible if you hold a valid identity card or passport from an EU Member State
Residence for more than three months requires being a worker, having sufficient resources, studying, or being a family member accompanying or joining one of the above

Citizenship Directive: Workers

A worker is defined as anyone who undertakes 'genuine and effective work for which they are paid under the direction of someone else'
Article 14(4)(b) CRD states that you may not be expelled as long as you can provide evidence you are seeking work
The concept of worker has been held to include job-seekers

Citizenship Directive: Sufficient Resources

Article 8(4) CRD states that Member States must take into account the personal situation of the person concerned when determining sufficient resources
It does not matter where the resources come from, as long as they are not an undue burden
Resources can come from family members, such as parents or spouses

Citizenship Directive: Family Members

Article 2(2)(a) CRD defines family members as spouses, registered civil partners, direct descendants under 21 or dependent, and direct ascendants who are dependent
Coman case states that a third-country national of the same sex as a Union citizen has the right to reside in the territory of the Member State of which the Union citizen is a national

Citizenship Directive: Residence Beyond 5 Years

Residence can be made permanent after 5 years
Family members are also included
Absences of up to 6 months (or longer given some exceptions) do not interrupt the residence

Other Restrictions in the CRD

Articles 27-33 of the Directive provide for restrictions on public policy, public security, and public health grounds
Requirements include notification, procedural safeguards, and limited duration
Must be proportional, and based on considerations of how long they have resided there

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