European Law Summary
Week II
Learning objectives:
Understand the concept of EU citizenship, how it evolved in EU law and its relation with the free
movement of workers, services and establishment, and fundamental rights.
Understand the different categories of mobility rights, starting with migration rights.
Gain insight into the impact of nationality laws on EU citizenship.
Understand the difference in applicable legislation for EU citizens and non-EU citizens and, regarding
EU citizens, the difference in applicable legislation for economic and non-economic EU citizens.
Introduction to EU citizenship
EU citizenship (art. 20(1) TFEU) is automatically conferred on all nationals of MS. It is complementary to, not a
substitute for, national citizenship. Nationality is determined solely by MS, but once granted, EU citizenship
follows by law.
EU citizenship confers rights that derive both from EU law (uniform across all MS) and from national law.
Primary law framework
Art. 18: general prohibition of nationality-based discrimination.
Art. 20: establishes EU citizenship; lists key rights.
Art. 21: core right to move and reside freely, subject Treaty conditions.
Art. 22: political rights in local and European elections, under the same condition as nationals.
Art. 45-48: free movement of workers and equal treatment principle.
Secondary law – Citizens’ Rights Directive
Consolidates and strengthens free movement rights.
Extends rights to family members, workers, jobseekers, students, and self-sufficient persons.
Limitations allowed only on grounds of public policy, security, or public health.
CRD comes first – then TFEU (lex specialis).
Practical importance
Rights impact everyday matters: residence, travel, consumer protection, and political participation.
Case law confirms broad interpretation of EU citizenship, often balancing individual rights (e.g. family
life) against MS’ interest in controlling immigration.
EU citizenship creates a dual identity (national + EU) and anchors the principle of free movement. any
unjustified restriction undermines the effectiveness of EU law.
Derived Right of Residence
Art. 20 TFEU & CRD
STEP 1 – Applicability of CRD (art. 21 TFEU)
The CRD applies when there is a cross-border element: an EU citizen moves to or resides in a MS other
than their own.
CRD covers both the EU citizen and their family members (spouse, registered partner, direct
descendants).
If the CRD applies –> art. 20 TFEU does not apply (lex specialis).
STEP 2 – Art. 20 TFEU as fallback
If no cross-border element exists, the case may fall under art. 20 TFEU.
This provision protects EU citizens from being deprived of the genuine enjoyment of the substance of
their rights.
STEP 3 – Assess derived right of residence for TCN family members
Central case: Chávez-Vilchez, rooted in the Zambrano doctrine.
Week II
Learning objectives:
Understand the concept of EU citizenship, how it evolved in EU law and its relation with the free
movement of workers, services and establishment, and fundamental rights.
Understand the different categories of mobility rights, starting with migration rights.
Gain insight into the impact of nationality laws on EU citizenship.
Understand the difference in applicable legislation for EU citizens and non-EU citizens and, regarding
EU citizens, the difference in applicable legislation for economic and non-economic EU citizens.
Introduction to EU citizenship
EU citizenship (art. 20(1) TFEU) is automatically conferred on all nationals of MS. It is complementary to, not a
substitute for, national citizenship. Nationality is determined solely by MS, but once granted, EU citizenship
follows by law.
EU citizenship confers rights that derive both from EU law (uniform across all MS) and from national law.
Primary law framework
Art. 18: general prohibition of nationality-based discrimination.
Art. 20: establishes EU citizenship; lists key rights.
Art. 21: core right to move and reside freely, subject Treaty conditions.
Art. 22: political rights in local and European elections, under the same condition as nationals.
Art. 45-48: free movement of workers and equal treatment principle.
Secondary law – Citizens’ Rights Directive
Consolidates and strengthens free movement rights.
Extends rights to family members, workers, jobseekers, students, and self-sufficient persons.
Limitations allowed only on grounds of public policy, security, or public health.
CRD comes first – then TFEU (lex specialis).
Practical importance
Rights impact everyday matters: residence, travel, consumer protection, and political participation.
Case law confirms broad interpretation of EU citizenship, often balancing individual rights (e.g. family
life) against MS’ interest in controlling immigration.
EU citizenship creates a dual identity (national + EU) and anchors the principle of free movement. any
unjustified restriction undermines the effectiveness of EU law.
Derived Right of Residence
Art. 20 TFEU & CRD
STEP 1 – Applicability of CRD (art. 21 TFEU)
The CRD applies when there is a cross-border element: an EU citizen moves to or resides in a MS other
than their own.
CRD covers both the EU citizen and their family members (spouse, registered partner, direct
descendants).
If the CRD applies –> art. 20 TFEU does not apply (lex specialis).
STEP 2 – Art. 20 TFEU as fallback
If no cross-border element exists, the case may fall under art. 20 TFEU.
This provision protects EU citizens from being deprived of the genuine enjoyment of the substance of
their rights.
STEP 3 – Assess derived right of residence for TCN family members
Central case: Chávez-Vilchez, rooted in the Zambrano doctrine.
