EU Law - Rights of Entry and Residence for Union Citizens: Workers, Self-Employed and Others - Primary Legislation

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  • 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')

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