Free Movement Of Persons 1 - Entry And Residence

Front 1

Free movement of people

Entry/Residence

Articles?

Back 1

45

20 & 21

Front 2

Workers

Back 2

Article 45

Economically Active

Front 3

Union Citizens

Back 3

Articles 20 & 21

no need to be economically active

Front 4

Article 45

Back 4

- Free movement of workers shall be secured.

- Abolition of discrimination based on nationality re employment

- Derogations and specific rights.

- Public service exemption

Front 5

Who is a worker?

case

Back 5

Hoekstra - EU meaning

Front 6

Economic activity

Back 6

Walrave & Kock

Front 7

Effective and genuine activities.

Back 7

Levin

Front 8

Having character of gainful employment

Back 8

Lawrie-Blum

Defines employment relationship as

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-Performs services

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-for or under the

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direction of another.

- in return for

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remuneration

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Levin

Only effective and

Back 11

genuine activities

- no

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marginal or

Back 12

ancillary.

Front 13

Effective and genuine cases -

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Kempf

Steymann

Bettray

Trojani

Front 14

Jobseekers

Article

Case

Back 14

45

Royer: includes the right to

Front 15

enter and reside to

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look for work.

also only for

Front 16

a reasonable period of time -

Back 16

Antonissen.

Front 17

No expulsion

Article of directive

Back 17

14 (4) (b), Directive 2004/38

No expulsion where

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- Evidence that continuing to seek employment

- And has a

Back 18

genuine chance of being engaged.

Front 19

Union Citizens

Articles

Back 19

20&21

(post 1992)

contains

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- Right to move and reside freely:

subject to

Back 20

the limitations and conditions in the Treaties and secondary measures.

case:

Front 21

Grzelczyk

Destined to be

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the fundamental status of nationals of the Member States.

Front 22

Directive 2004/38: Entry and Residence

Articles for

Union Citizens

Family Members

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Article 2 (1) - Union citizens.

Art. 2 (2) - Family members: include

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2(2)(a) -

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Spouse

2(2)(b) -

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Registered partner

- 2(2)(c) -

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Direct descendants under 21 or dependant.

and

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2(2)(d) -

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Dependant direct relatives in the ascending line.

Also

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right of entry -

Back 26

Article 5

Front 27

right of residence up to 3 months.

Back 27

article 6

Front 28

Right of residence over 3 months

Back 28

Article 7

Front 29

Article 5 - Right of Entry

5(1)

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Union Citizens

Valid ID or passport; no visa or equivalent.

also

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Non-EU Family Member -

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5(1) - Valid passport;

5(2) - Only required to have an entry visa in accordance with:

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Regulation 539/2001 or

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Where appropriate with national law.

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Right of Residence Up to 3 Months

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Union Citizens

Article 6(1)

Right of residence where:

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-Accompanying or joining Union Citizen and

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- in possession of a valid passport.

Front 34

Right of Residence over 3 Months -

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Union Citizen

Article 7(1)

a)

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worker or self-employed

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b) sufficient resources and sickness insurance

c)

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Enrolled student

d)

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Family member accompanying or joining Union Citizen.

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7(2)

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non-EU Family Member

Family member accompanying or joining a Union Citizen.

Front 38

Further rights of residence:

a)

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Retention of residence.

b) Permanent residence.

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a) Retention of residence

Union Citizen -

Articles

Back 39

14(4)(b) Job seekers and

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7(3)

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no longer a worker or self-employed

(subject to conditions in relevant article)

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Family Member

cases

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Diatta - separation from spouse.

Article:

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13

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divorce or annulment

article

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12

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death or departure of Union Citizen

(subject to conditions in the relevant article)

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b) Permanent Residence

Article

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16

(1)

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Union Citizen -

Back 45

legally resided in host State for continuous period of 5 years.

article

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16(4)

Back 46

right lost through absences for period exceeding two consecutive years.

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16(2)

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Non-EU Family Member

legally resided in the host with union citizen for continuous period of 5 years.

(4) lost through absence of more than 2 consecutive years.

Front 48

Right of permanent residence can be acquired before 5 years if:

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worker or self-employed: Article

Front 49

17(1)

a)

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reached pension age or has retired, or

b)

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permanent incapacity to work. or

c)

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resident in host Member State but working in another MS.

(subject to conditions)

Family Member:

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also gains.

article

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17(3).

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Other beneficiaries

Directive

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2004/38

article

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3(2)(a)

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other family member where -

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dependant, or

- member of household, or

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- serious health grounds.

MS required to facilitate entry and residence only.

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Any partner with whom the union citizen has a 'durable relationship'.

article

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3(2)(b)

MS must facilitate entry and residence only.

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Public Service Exemption

article

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45(4) [TFEU????]

case

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Sotgui - EU meaning.

defined in

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Commission v Belgium (Public Employees)

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exempted -

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local authority posts

case

Front 59

Commission v Belgium

Not exempted? -

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Railway posts

case

Front 60

Commission v Belgium

also

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Nurses

case

Front 61

Commission v France

also

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Trainee -

Front 62

Teachers

case

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Lawrie-Blum

Front 63

Derogations -

Articles

Directive

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Article 45(3) TFEU

27 (1)

Directive 2004/38

public:

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policy,

Back 64

security,

health

Front 65

Public Policy & Security

Article

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27(2) Directive 2004/38

case:

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Van Duyn

must be

Back 66

based on personal conduct only,

Front 67

proportionate,

Back 67

not past convictions in themselves

case

Front 68

Bouchereau

also must represent

Back 68

genuine

present

and sufficiently serious threat.

Also, can't be:

Front 69

to deter others

case -

Back 69

Bonsignore

and:

Front 70

not arbitrary

case -

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Adoni & Cornuaille

article

Front 71

27(1)

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must not serve economic ends.

must be okay by

Front 72

general principles of EU Law.

Compatible with Human Rights

cases -

Back 72

Putili (Rutili?)/Orfanopoulos

also article

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28

Back 73

additional safeguards.