EU Citizenship 2 Lecture1.pptx

Dr Calum Alasdair Young EU CITIZENSHIP (2)  Learning Goals Do Article 20 and 21 establish a right to reside, and to what extent? Understanding the limitations based on free movement in the Citizenship Directive 2  Article 20 and 21 TFEU...

Dr Calum Alasdair Young EU CITIZENSHIP (2)  Learning Goals Do Article 20 and 21 establish a right to reside, and to what extent? Understanding the limitations based on free movement in the Citizenship Directive 2  Article 20 and 21 TFEU To what extent do these articles provide their own, freestanding right? Is it dependent upon secondary legislation to implement? 3  Article 20 and 21 TFEU To what extent is it dependent on economic activity? Previously free movement of workers dependent on economic activity, is citizenship different? Is the EU an economic organization or a political organization? 4  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: (a) the right to move and reside freely within the territory of the Member States 5  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. 6  Article 20 – Zhu and Chen Case concerned Treaty Articles and then-applicable legislation Catherine Zhu born in Northern Ireland to Chinese parents 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 7  Article 20 – Zhu and Chen Court held: Was sufficient that financial resources came from parents No economic activity required Residing in another Member State than which they were a national, even if they were born there counted as exercising free movement and right to residence 8  Article 20 – Ruiz Zambrano Does it provide to a right to reside in the EU even if you don’t move? Ruiz Zambrano – Belgian children born in Belgium to Colombian parents, parents’ deportation would have resulted in children leaving EU 9  Article 20 – Ruiz Zambrano 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’ - later case law establishes it as living in the territory of the EU Creates new category of parental and carer residence based on care for EU citizen 10  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 11  Other sources of restrictions? Treaties – (comparison to free movement of workers) Measures adopted – Citizenship Directive 12  Citizenship Directive Directive 2004/38/EC Aimed at facilitating and regulating free movement As ever, balances and compromises Increases in freedom, increases in restrictions Legislation limits court’s ability to interpret Treaty provisions 13  Citizenship Directive – Article 6 1. 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 any formalities other than the requirement to hold a valid identity card or passport. 2. The provisions of paragraph 1 shall also apply to family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen. 14  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 15  Citizenship Directive – Residence for more than 3 months 16  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 17  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’ – Lawrie Blum Article 14(4)(b) CRD – may not be expelled as long as you can provide evidence you are seeking work Concept of worker has been held to include job-seekers (Antonissen) But remember ‘sufficient resources’ are required 18  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.’ 19  Citizenship Directive – ‘sufficient resources’ Does not matter where those sufficient resources come from, as long as not an undue burden Bajratari – resources came from father-in-law’s unlawful employment Zhu and Chen – child’s resources, came from parent 20  Citizenship Directive – ‘sufficient resources’ Dano Non-economically active Romanian in Germany Sought equal treatment and access to non-contributory social benefits 21  Citizenship Directive – ‘sufficient resources’ Dano Must be lawfully resident in compliance with the Directive in order to qualify for equal treatment with regards to benefits Specific proportionality test not required if recipient moved solely for benefits. 22  Citizenship Directive – ‘Family Members’ Article 2(2)(a) CRD Spouse Registered civil partnership considered equivalent to marriage Direct descendants that are under 21 or dependent Direct ascendents that are dependent 23  Citizenship Directive - Family Members 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. That derived right of residence cannot be made subject to stricter conditions than those laid down in Article 7 of Directive 2004/38 24  Citizenship Directive – Residence Beyond 5 Years 25  Citizenship Directive – Residence Beyond 5 Years Residence can be made permanent after 5 years Also family members Not interrupted by absences of up to 6 months (or longer given some exceptions) 26  Other Restrictions in the CRD Articles 27-33 of the Directive Public policy, public security, public health Dangerous and risky individuals, disease and pandemics Can involve expulsion, or denial of entry 27  Other Restrictions in the CRD Requires notification, procedural safeguards, limited duration Must be proportional, and based on considerations of how long they have resided there Criminal conviction alone not enough to bar entry Expulsion cannot necessarily follow a criminal conviction unless it meets the main reasoning 28  Other restrictions in the CRD System designed for limited use in severe cases, comparable to existing Treaty articles on free movement Saw it in action during the pandemic Violent crime and football hooligans Extremist political figures 29  Conclusions Articles 20 and 21 TFEU provide a free-standing right to reside in the territory of the EU CRD provides a schematic through which residence rights are enabled and regulated 30  Workshop Review the case law Review this lecture ‘Under what conditions can you reside in another EU Member State?’ 31