- •Introduction
- •Reading Comprehension and Vocabulary Work
- •Common and internal markets
- •Development of eu law
- •1. Churchill's Speech
- •2. Marshall Plan - oeec
- •Reading Comprehension and Vocabulary Work
- •The Treaty on European Union or Maastricht Treaty (eu Treaty)
- •The European Economic Area (eea) and the European Free Trade Association (efta)
- •The Treaty of Amsterdam
- •The Treaty of Nice
- •The European Convention on the Future of the European Union and the Draft Constitution
- •The Treaty of Lisbon
- •Speaking
- •It must be noted that the principle of subsidiarity and the principle of proportionality also apply to the exercise by the institutions of the powers conferred upon them by the Treaties.
- •Reading Comprehension and Vocabulary Work
- •Supremacy of the eu law
- •Fundamental features of union law
- •Reading Comprehension and Vocabulary Work
- •Member states' liability for breach of union law
- •Vocabulary Note:
- •Sources of union law
- •Application of National and International Law by the European Courts
- •Application of Union Law by the National Courts
- •Direct effects doctrine
- •Direct effect of union rules
- •Speaking
- •The free movement of goods
- •Reading Comprehension and Vocabulary Work
- •Exceptions to the Free Movement of Goods
- •Technical Standards
- •Exceptions to the Free Movement of Goods
- •Theory and Reality of the Free Movement of Goods
- •Rights of residence in the eu
- •1. Introduction
- •2. The free movement of citizens
- •3. Schengen arrangements
- •4. The free movement of workers
- •Reading Comprehension and Vocabulary Work
- •The Schengen acquis
- •Vocabulary Note:
- •Students
- •Free movement of workers, the self-employed and their families
- •Vocabulary Note:
- •Free movement exceptions
- •In Article 45(4) of the tfeu. Employment in the "public service" of member states is
- •Right of establishment - professionals
- •Vocabulary Note:
- •Legal services
- •Speaking
Rights of residence in the eu
1. Introduction
The free movement of persons concerns the following categories:
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citizens of the Union (“Citizens”);
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workers;
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self-employed;
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nationals from third countries; and
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students.
The free movement of persons constitutes one of the fundamental freedoms guaranteed by the Treaty (TFEU) and the relevant provisions may not be interpreted restrictively; furthermore, they have direct effect.
Part Two of the TFEU provides for the rights of “citizens” of the Union and, among others, their right “to move and reside freely within the territory of the member States”, subject to certain limitations and conditions. Title V sets up an “area of freedom, security and justice”, which provides also for “policies on border checks, asylum and immigration”. The free movement of persons is thereby enlarged to encompass persons who are not citizens of the Union, while the free movement of “citizens”, of “workers” and of “self-employed persons” (professionals, trades people, etc.) concerns only nationals of a Member State. The expression “self-employed” also covers legal persons, but only those which are formed in accordance with the laws of a Member State.
Consequently, the term “person” in the Treaty covers quite an array of natural and legal persons, each with their own specific rights and obligations: citizens, workers, self-employed persons, companies, nationals of third countries and students. It should be remembered that Union law only applies when trans-frontier activities are involved. In other words, Treaty provisions cannot be invoked in purely national situations.
2. The free movement of citizens
The TFEU establishes the citizenship of the Union by providing that every person holding the nationality of a Member State shall be a citizen of the Union and adds that this citizenship complements and does not replace national citizenship. Every citizen of the Union, as already mentioned, “shall have the right to move and reside freely within the territory of the Member States”, but those rights “shall be exercised in accordance with the conditions and limits defined by the Treaties and by the measures adopted thereunder”.
Under Union law applicable since 2004, Union citizens have the right of residence in the territory of another member State:
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for a period of up to three months without any condition or formalities other than holding a valid passport or a valid identity card;
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for a period of longer than three months, if they (1) are workers or self-employed persons; or (2) have sufficient resources for themselves and their family members and sickness insurance cover; or (3) are enrolled in an establishment accredited and financed by the host State to follow a course of study; or (4) are family members (even when not a national of a Member State) accompanying or joining a Union citizen who satisfies the above conditions;
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for permanent residence: citizens who have resided in the Member State, in compliance with the conditions laid down in Directive 2004/38 [2004] O.J. L158/77, Preamble (17), during a continuous period of five years without becoming subject to an expulsion measure.
Besides the right to move and reside freely in the territory of the Member States, citizens have the right to vote and stand as candidate in municipal elections in the Member State of residence of which they are not a national, under the same conditions as nationals of that Sate. They can also vote and stand as candidate in elections to the European Parliament. Furthermore, citizens have the right to enjoy, in the territory of a third country in which the Member State of which they are a national is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State. Finally, citizens have the right to petition Parliament, to apply to the European Ombudsman and to address the institutions and advisory bodies of the Union in any of the Treaty languages and to obtain a reply in the same language.
Free movement of citizens was also facilitated, in some way, by the issue of a “European Passport”, i.e. a passport of uniform pattern (format and colour) that replaced the national passports.