Summary Institutional and Substantive EU Law - Citizenship

Citizenship

Legal Basis:
ART 10 TFEU → Political participations, Representative democracy
ART 18 TFEU → Free Movement rights and Equal Treatment
Art 20 TFEU→ EU citizenship
Art 21 TFEU→ Right to move and reside freely in EU territory / TCN
ART 22 TFEU → Standing for elections
ART 23 TFEU → Diplomatic and consular protection
Art 41 Charter → Good Administration
Art 42 Charter→ Documents
Art 46 TFEU→ Diplomatic Protection
Directive 2004/38
Charter Title V

1. Is the person a citizen
- Art 20 TFEU
Rights:
● Move and reside (Art 21)
● Right to vote and stand as candidates in elections to the EP and in municipal
elections in their MS of residence (Art 22) – C 145/04 Spain v UK
● Protection of the diplomatic and consular authorities (Art 23) –Decision
95/533/EC
● Right to petition the EP, to apply to the European Ombudsman (Art 24)
● EU citizenship is additional to national

EU Citizen rights:
● Right to enter - Article 5(1) Directive 2004/38
● Right to leave - Article 4(1) Directive 2004/38
● Right to reside
○ Without a job - Article 6 Directive 2004/38
○ With a job - Article 7 Directive 2004/38
● Right to remain after losing a job – Article 7(3) Directive 2004/38 if
○ Temporarily unable to find work due to illness
○ Involuntary unemployment and seeking work
○ Started vocational training
● Right of permanent residence – Article 16(1) Directive 2004/38 after continuous
residence for 5 years