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10 Cards in this Set
- Front
- Back
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EC v Republic of Austria |
Access to Austrian universities: Infringement of Art 18 TFEU (equal treatment) that Austria required proof that students from other MSs had a place in university in their home MS |
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Bressol |
Belgium limiting number of non-resident students enrolling in medical studies Such discrimination on grounds of nationality could be justified by the objective of maintaining a balanced high quality medical service open to all but up to national court to establish 1. genuine risks to the protection of public health 2. to assess whether the legislation at issue can be regarded as appropriate for attaining the objective 3. to ascertain whether the objective could not be attained by less restrictive measures |
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Art 20(1) TFEU |
Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship. |
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Article X does actually grant additional rights to European Citizens Grants a movement and residence right that is not conditional of an economic activity of the citizen |
Art 21(1) TFEU |
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Case on direct effect of Art 21(1) TFEU |
Baumbast |
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Baumbast |
German national in UK - granted residence permits for 5 years. Worked outside of EU for German co, health coverage in Germany. UK didnt want to renew the permits claiming he was not a worker & had no general right of residence. --> Enjoys right of residence by direct application of Art 21(1) TFEU in a host MS. |
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Van gend en Loos criteria |
A provision has direct effect it is - sufficiently clear & precise - unconditional - confers a specific right upon citizens |
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McCarthy |
Residence rights conditional upon the exercise of right of free movement. Here British national living in UK, hadn't exercised her right of free movement |
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Garcia-Avello |
Cross-border element: children were nationals of one MS and lawfully resident in the territory of another MS |
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Collins |
Not entitled to the jobseeker's allowance as he had been out of the UK labour market for 17 years, no genuine link between the person seeking work and the employment market of that state |
