EU Citizenship: Constructing the fundamental status of Member State nationals

15 important questions on EU Citizenship: Constructing the fundamental status of Member State nationals

Which directive is active for free movement?

directiuve of 2004/38 is now active. it has the right of free movement and regulates all different categories. you have right like students and people who are tourist. But the point is if you are not working or an economic person you have to show you have insurance. So you are not shopping for benefits.

How do we give flesh to citizenship, it is mostly a court driven concept, they linked it to equal treatment. it was adding two provisoons togheter. lets have a look at bickel and franz


  • criminal proceedings: bickel and frnaz, two lorries, one was drunk driving the other had a knife, they were stoped in italy. in this area you could choice if you wanted your trail in italian or german. they couldnt choice because they werent nationals. Important was this was a question of criminal proceedings it wasnt regulated in eu law. the court said the fact that these peoples were traviling in another state brought them in the treaty and it was applicable

What kind of statement did the court give about  family unit?

he court gave a braod statement, it doesnt matter where the family unit is created, it needs to be protected. this is more generous than most national states.
  • Higher grades + faster learning
  • Never study anything twice
  • 100% sure, 100% understanding
Discover Study Smart

What is citizenship of the eu

Legal bond betweebn the union and its citizen which grants certain rights.

What is an eu citizen?

It does not replace the national citizenship and is any person holding the nationality of the ms.

When have you made use of the right of free movement blz.137

When yopu go to another country

What residence categories does directive 2004-38 give?

Right of residence of three months,art.6
right of residence three months, art.7
permanent legal residence of 5 years,art.16

The right of residence is direcly derived from the treaties what consequence does that have?

All restrictionsn and condtions imposed by ms right must be applied having regard to the general principles of union law such as proportionality.

What is the keyprinciple of grzelczyk?

equirement of economically inactive person to have sufficient rescources in order to obtain right in another ms cannot cannot be interpreted as loss of right to residence, p.139

What are the conditions for a three month stay art.6 )1'  directive? And right to social assistence?

Np conditions just a passport and not being a burden. No right social assistence.

Conditions three month stay?

Suffiecient rescources., not becoming a burden and insurence. Art.7 directive

For what family members does the right of free mobement count under the directive 2004?

Art.2.2spouses, partner, descendants under age of 21,dpeendent direct relartives

When does a person get equal treatment under art.24 directive?

If his residency complies with the conditions of the dirctive.

When does a right of residence must be granted to third national family member?

If it renders the citizenship useless. Zambrano case.

What is prohibithed in art.21 tfeu?

Any legislation that makes obstacles for citizen to use free movement and residence.

The question on the page originate from the summary of the following study material:

  • A unique study and practice tool
  • Never study anything twice again
  • Get the grades you hope for
  • 100% sure, 100% understanding
Remember faster, study better. Scientifically proven.
Trustpilot Logo