EU Law - Rights of Entry and Residence for Union Citizens: Workers, Self-Employed and Others - Primary Legislation
- Created by: Alasdair
- Created on: 15-11-20 20:10
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- Rights of Entry and Residence for Union Citizens: Workers, Self-Employed and Others - Primary Legislation
- Article 45, 49 and 56 TFEU grant rights to Union citizens to work in any Member State on employed or self-employed basis.
- Article 45(3)
- Includes rights to 'move freely within the territory of Member States'.
- Rights of Residence
- Grants a right to 'stay' in a host state while working and 'remain' thereafter, subject to conditions.
- Articles 49 and 56
- Makes no mention of any rights for Union citizens themselves to 'move freely' or 'enter' a host State, to 'stay' or 'remain' or reside'
- Although such rights can perhaps be inferred from rights granted (to work in a host State on a self-employed basis), the provisions here are perhaps not sufficiently explicit to guarantee those rights
- Hence, secondary legislation has been passed - to plug this gap and provide necessary detail.
- Most important piece of secondary legislation in this area Directive 2004/38 ('the Directive')
- Hence, secondary legislation has been passed - to plug this gap and provide necessary detail.
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