Eu Citizenship
EU citizenship
Lecture 1 * Art 26 TFEU contains the free movement of goods, services and persons. * Residence directive moved it away from just an economic union * Used to just be people who were economically active people but not non-economical active people can reside such as students, retired people and people who can support themselves. Although you could not be a burden on the state. These directives have been repealed but the legacy lives on. * Article 20 TFEU, talks about citizenship and defines who is a citizen of the union. If you are a national of one of the member states you are a citizen. It is additional too and does not replace national citizenship. * Article 21, every citizen should have the right to move and reside freely subject to limitations and conditions laid down in the treaties therefore not an absolute right. Such as if you are non-economically active you need to have sufficient resources to avoid becoming a burden.
* Baumbast, referral to the European court for a preliminary ruling considering the Baumbast family, German father, Columbian father, German daughters. Mr Baumbast had previously been employed in the Uk but at the time was not economical active. Case concerned the family’s denial to reside in the UK. Could evoked article 21 TFEU conferred the rights to reside freely. Subject to limitations and conditions, these must be applied within the general principals of EU law in particular proportionality. The court could see they had sufficient resources and held health insurance in Germany the court held to deny the right to remain would have been disproportionate interference. Confirming direct effect of Article 21.
* Grunkin and Paul, (also preliminary ruling) case with German parents who son was German but had lived in Denmark since birth. The parents had given the son a combination of the father and mothers surname. The Danish authorities had been okay with it but not the German authorities.
Lecture 1 * Art 26 TFEU contains the free movement of goods, services and persons. * Residence directive moved it away from just an economic union * Used to just be people who were economically active people but not non-economical active people can reside such as students, retired people and people who can support themselves. Although you could not be a burden on the state. These directives have been repealed but the legacy lives on. * Article 20 TFEU, talks about citizenship and defines who is a citizen of the union. If you are a national of one of the member states you are a citizen. It is additional too and does not replace national citizenship. * Article 21, every citizen should have the right to move and reside freely subject to limitations and conditions laid down in the treaties therefore not an absolute right. Such as if you are non-economically active you need to have sufficient resources to avoid becoming a burden.
* Baumbast, referral to the European court for a preliminary ruling considering the Baumbast family, German father, Columbian father, German daughters. Mr Baumbast had previously been employed in the Uk but at the time was not economical active. Case concerned the family’s denial to reside in the UK. Could evoked article 21 TFEU conferred the rights to reside freely. Subject to limitations and conditions, these must be applied within the general principals of EU law in particular proportionality. The court could see they had sufficient resources and held health insurance in Germany the court held to deny the right to remain would have been disproportionate interference. Confirming direct effect of Article 21.
* Grunkin and Paul, (also preliminary ruling) case with German parents who son was German but had lived in Denmark since birth. The parents had given the son a combination of the father and mothers surname. The Danish authorities had been okay with it but not the German authorities.