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Tutorial 5
Lecture
free movement rights:
first only reserved for the economically active
extended to all mobile citizens (even non workers)
extended beyond movement- crossborder element can be triggered
even without moving
primary law
18 TFEU- prohibition of discrimination
20- EU citizenship
21- freedom to move and reside
45-48 free movement of workers
49- establishment
56- free movement of services
secondary law
2004/38- citizenship directive (all citizens)
492/2011- free movement for workers
Union citizenship
created by Maastricht Treaty
additional and conditional upon nationality of the member state
(article 20)
Union citizenship is destined to be the fundamental status of nationals
of the member states (Grzelczyk)
Tutorial 5 1
, Article 21 TFEU direct effect (can be invoked by individuals before
national courts) (Baumbast)
nationality can be taken away in case of criminal offense (Rottmann)
Rottmann (C-135/08) → A German national lost both German and
EU citizenship when Germany revoked his citizenship cause he
was driving too fast- Court said: proportionality !!!
EU citizens:
1. economically active
a. workers (job seekers) (45)
definition of worker (Lawrie–Blum criteria)
You perform services of some economic value;
The work is undertaken for and under the direction of
another person- subordination
The work is undertaken in return for remuneration
b. persons performing/receiving services (56)
c. self-employed (49)
2. economically inactive
a. eg.: students (Articles 20, 21 TFEU)
Directive 2004/38
start with this one!
scope
article 3(1)
crossborder element- u can only use it in a diff ms than ur
nationality
3(1): citizens and family members
Tutorial 5 2
Tutorial 5
Lecture
free movement rights:
first only reserved for the economically active
extended to all mobile citizens (even non workers)
extended beyond movement- crossborder element can be triggered
even without moving
primary law
18 TFEU- prohibition of discrimination
20- EU citizenship
21- freedom to move and reside
45-48 free movement of workers
49- establishment
56- free movement of services
secondary law
2004/38- citizenship directive (all citizens)
492/2011- free movement for workers
Union citizenship
created by Maastricht Treaty
additional and conditional upon nationality of the member state
(article 20)
Union citizenship is destined to be the fundamental status of nationals
of the member states (Grzelczyk)
Tutorial 5 1
, Article 21 TFEU direct effect (can be invoked by individuals before
national courts) (Baumbast)
nationality can be taken away in case of criminal offense (Rottmann)
Rottmann (C-135/08) → A German national lost both German and
EU citizenship when Germany revoked his citizenship cause he
was driving too fast- Court said: proportionality !!!
EU citizens:
1. economically active
a. workers (job seekers) (45)
definition of worker (Lawrie–Blum criteria)
You perform services of some economic value;
The work is undertaken for and under the direction of
another person- subordination
The work is undertaken in return for remuneration
b. persons performing/receiving services (56)
c. self-employed (49)
2. economically inactive
a. eg.: students (Articles 20, 21 TFEU)
Directive 2004/38
start with this one!
scope
article 3(1)
crossborder element- u can only use it in a diff ms than ur
nationality
3(1): citizens and family members
Tutorial 5 2
