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Free Movement Of Persons
- EU Citizenship: 1957: No
concept- 1993: TEU concept
created
- Art 20(1) TFEU: "Every person
holding the nationality of a MS
shall be a citizen of the Union"
- Rights: Free Movement, Voting, Diplomatic
Protection, Petitioning of the European
Ombudsman
- Art 20(1) TFEU: "Every person
holding the nationality of a MS
shall be a citizen of the Union"
- Art 18:
fundamental
principle
Movement
cannot de be
discriminated
based on
nationality
- TFEU: Art 45(1): FMOW shall be secured
within EU i.e. accept job offers, move
around to get jobs, reside and remain Art
45(2): Reinforces Art 18- work &
conditions cannot be subject to
discrimination Art 45(3) & (4): Derogations
and public service principle
- 'Worker'- not
defined in TFEU-
Lawrie-Blum: Certain
period of time,
under direction of
another and for
remuneration
Includes Part-time
workers- Levin, Levl
of remuneration
irrelevant- Kempf,
Genuine and
effective activities
regardless of
payment/hours
- Courts have taken a
purposive
interpretation to Art
45 Can include work
seekers- Antonissen-
'reasonable' time up
to 6 months- when
individual is actively
seeking work &
genuine chance of
employment
- Courts have taken a
purposive
interpretation to Art
45 Can include work
seekers- Antonissen-
'reasonable' time up
to 6 months- when
individual is actively
seeking work &
genuine chance of
employment
- D2004/38: Consolidated all existing law
into one source- pragmatic Art 4: Own MS
must provide individuals with documents
to leave i.e. passport
- Art 5: Entry with valid identity
card/passport for worker-
family only need visa if
non-EU
- Art 6: Right of residence up to
3 months
- Art 7: Becomes unlimited for worker
& family- potential right to remain
and even where the worker is
temporarily out of work- Art 7(3)
- Art 14: Right of family members to reside with
worker- in compliance with Art 8 of HRA- family life- if
these rights did not exist would be a barrier to FM-
parasitic rights from the EU worker
- Art 27(1): Derogations can not be
based on economic grounds- does
not define what amounts to policy,
security or health but offers limited
guidance Art 27(2): Must be
proportionate and based on the
personal conduct of the individual
which must be genuine, present
and of serious threat- Van Duyn:
concept of public policy will differ
amongst Ms e.g. Omega case
- Art 27(1): Derogations can not be
based on economic grounds- does
not define what amounts to policy,
security or health but offers limited
guidance Art 27(2): Must be
proportionate and based on the
personal conduct of the individual
which must be genuine, present
and of serious threat- Van Duyn:
concept of public policy will differ
amongst Ms e.g. Omega case
- Art 14: Right of family members to reside with
worker- in compliance with Art 8 of HRA- family life- if
these rights did not exist would be a barrier to FM-
parasitic rights from the EU worker
- Art 7: Becomes unlimited for worker
& family- potential right to remain
and even where the worker is
temporarily out of work- Art 7(3)
- Art 6: Right of residence up to
3 months
- Who are Family Members? Art 2: Spouse,
registered partner, direct descendants
under 21 and dependants
- Art 3(2): Two new gateways- a)
individual who requires the
personal care of the EU worker-
might be able to join worker and b)
duly attested relationship
- Art 12(1): FM's can remain after death/departure of EU
Worker Art 12(3): Children can stay in school Art 13(1):
Can remain after divorce but more restrictive for Non-EU
(Art 13(2))
- Art 14(1): Worker cannot be unreasonable burden on the MS- Lebon
Art 24: All EU citizens must be treated equally in the Host MS- Sotgiu
(traveller allowance issue) Gull (qualifications)
- Art 14(1): Worker cannot be unreasonable burden on the MS- Lebon
Art 24: All EU citizens must be treated equally in the Host MS- Sotgiu
(traveller allowance issue) Gull (qualifications)
- Art 12(1): FM's can remain after death/departure of EU
Worker Art 12(3): Children can stay in school Art 13(1):
Can remain after divorce but more restrictive for Non-EU
(Art 13(2))
- Art 3(2): Two new gateways- a)
individual who requires the
personal care of the EU worker-
might be able to join worker and b)
duly attested relationship
- Art 5: Entry with valid identity
card/passport for worker-
family only need visa if
non-EU
- R492/11- Art 7(1): Must not be treated
differently for employment Art 7(2):
Enjoy same social and tax advantages
as nationals- generous approach- Even
Benini-Tuition fees issue- descendant
of a worker
- Freedom to move/work within the EU is
not absolute- MS can sometimes
derogate from the freedoms Art 45(3):
"Subject to limitations on the grounds of
public policy, public security and public
health"
- Freedom to move/work within the EU is
not absolute- MS can sometimes
derogate from the freedoms Art 45(3):
"Subject to limitations on the grounds of
public policy, public security and public
health"
- Personal Conduct: Expulsion must
be proportionate, not as an
'example'- Bonsignore Criminal
conviction per se- not automatic
expulsion- Bouchereou: focus on
propensity Calfa: genuine &
sufficiently serious threat affecting
a fundamental interest- Gough and
Smith & Others Art 29(1): public
health as defined by WHO-
restrictions no non/nationals
- Procedural safeguards- MS to
satisfy Rutili: State must give
individual comprehensive
statement of the grounds for
decision- enable them to prepare
a defence Art 28(1): Consider
how long individual has been in
host MS, age, health, family,
economic, social & cultural
integration Art 28(2): Permanent
residents only on serious ground
- Art 30(1): Notification in writing- 'can be comprehended and implications for
them'- important- Rutili Art 31(1): Access to judicial & admin procedures to
appeal/seek review Art 45(4): Public service exemption- Satgiu
- Art 30(1): Notification in writing- 'can be comprehended and implications for
them'- important- Rutili Art 31(1): Access to judicial & admin procedures to
appeal/seek review Art 45(4): Public service exemption- Satgiu
- Procedural safeguards- MS to
satisfy Rutili: State must give
individual comprehensive
statement of the grounds for
decision- enable them to prepare
a defence Art 28(1): Consider
how long individual has been in
host MS, age, health, family,
economic, social & cultural
integration Art 28(2): Permanent
residents only on serious ground
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