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Free Movement Of Persons Notes

GDL Law Notes > GDL EU Law Notes

This is an extract of our Free Movement Of Persons document, which we sell as part of our GDL EU Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.

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EU

FREE MOVEMENT OF PERSONS

Initially free movement only covered workers, but since Maastricht in 1993 EU recognised the rights of all EU citizens.
o Article 18 TFEU: Principle of Non-Discrimination prohibits discrimination on grounds of nationality.
o Article 20 TFEU: Every person holding the nationality of a
Member State shall be a citizen of the Union.
o Article 21 TFEU: Every citizen of the Union shall have the right to move and reside freely within the territory of the
Member States

The rising age of EU citizenship:
o Martinez Sala [1998] - first case of EU citizenship. A
Spanish legal resident in Germany claiming welfare benefits of her child. Germany tried to claim because she wasn't working she shouldn't be allowed to stay.
 Held she could not be treated any different from
German nationals.
o Baumbast [2002] - Mr Baumbast, a German, had a
Colombian family, lived in the UK. Was now working in asia,
and did not have emergency health insurance.
 Held they were not a burden on the state and Purely as a national of a Member State, and consequently a citizen of the Union, Mr Baumbast therefore has the right to rely on Article [21(1) TFEU].
o Grzelczyk [2001] - Belgium refused to provide its minimax allowance to a French student. Held this was discrimination.
 "Union citizenship is destined to be the fundamental status of nationals of the Member States"

DIRECTIVE 2004/38: CITIZENS' RIGHTS DIRECTIVE

Codified case law (did not replace it).
o Article 2 & 3: Scope
 Includes EU nationals and their family members regadless of nationality,
 Spouse
 Registered partner (if recognised by MS:
Netherlands v Reed)
 Direct descendants under 21 or any dependant direct descendants
 Dependant direct relatives/family members
 the partner with whom the Union citizen has a durable relationship.
o Article 6: Right to Short Stay
 Any EU citizen can reside in any EU state for <3 months.

1 Hugh Rowan

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