Tutorial 6: Human Rights or citizen’s rights
Subjects
o Personal scope of rights laid down in EU Charter and ECHR (and ESC), relevance of citizenship
o Rights of Union citizens
Learning aims
o To be able to explain the relevance of citizenship and legal status for fundamental rights protection
o To be able to explain the protection offered by the ECHR and EU law in case of deprivation of
citizenship and to apply it to a case-solving question
o To be able to explain and analyse the relevance of Union citizenship
o To be able to identify the rights of EU citizens and their scope of application and to apply it to a case-
solving question
Literature
o EFRF Chapter 14, no. 27
o M.B. Dembour, ‘Chapter 2. The Alien in the Social Imagination of the Founding Texts’, in: When
Humans Become Migrants, Oxford University Press 2015, para II-VIII, pp. 41-52, available here
o D. Chalmers, G. Davies, G. Monti, European Union Law, Cambridge University Press 2014, Chapter 11,
pp. 466-481, 491-494, 506-515, available at blackboard
o E. Guild, ‘The European Union after the Treaty of Lisbon Fundamental Rights and EU Citizenship’
speech at Global Jean Monnet/ European Community Studies Association World Conference July
2010, available here
Case law
o CJEU Rottmann
o CJEU: Zambrano
o ECtHR 21 June 2016, Ramadan v. Malta
Legislation
o Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004
on the right of citizens of the Union and their family members to move and reside freely within the
territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives
64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC
and 93/96/EEC (on Blackboard)
Subjects
o Personal scope of rights laid down in EU Charter and ECHR (and ESC), relevance of citizenship
o Rights of Union citizens
Learning aims
o To be able to explain the relevance of citizenship and legal status for fundamental rights protection
o To be able to explain the protection offered by the ECHR and EU law in case of deprivation of
citizenship and to apply it to a case-solving question
o To be able to explain and analyse the relevance of Union citizenship
o To be able to identify the rights of EU citizens and their scope of application and to apply it to a case-
solving question
Literature
o EFRF Chapter 14, no. 27
o M.B. Dembour, ‘Chapter 2. The Alien in the Social Imagination of the Founding Texts’, in: When
Humans Become Migrants, Oxford University Press 2015, para II-VIII, pp. 41-52, available here
o D. Chalmers, G. Davies, G. Monti, European Union Law, Cambridge University Press 2014, Chapter 11,
pp. 466-481, 491-494, 506-515, available at blackboard
o E. Guild, ‘The European Union after the Treaty of Lisbon Fundamental Rights and EU Citizenship’
speech at Global Jean Monnet/ European Community Studies Association World Conference July
2010, available here
Case law
o CJEU Rottmann
o CJEU: Zambrano
o ECtHR 21 June 2016, Ramadan v. Malta
Legislation
o Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004
on the right of citizens of the Union and their family members to move and reside freely within the
territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives
64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC
and 93/96/EEC (on Blackboard)
