Citizenship

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  • Created by: Katie
  • Created on: 22-01-16 12:58

Rottman

MS can remove nationality if obtained by deception

'It is not contrary to European Union law, in particular to Article 17 EC, for a MS to withdram from a citizen of the Union the nationality of that state'

1 of 14

Bosman

Limits on numbers of foreign players is contrary to free movement of persons

2 of 14

Brey

None economically active status does not mean you can't get social benifits. There should be an evaluation of all circumstances

3 of 14

Collins v SSWP

A jobseeker is not a worker

4 of 14

Dano

Facts: not looked for work and not looking

If living there upto 3 months 'the host MS is thus not obliged to confer entitlement to social benifits on a national of another MS or his family members during that period'.

However, for over 3 months there is not necessarilly a right either 'Article 7(1)(b) of D 2004/38 seeks to prevent economically inactive Union citizens from using the host MS welfare system to fund their means of subsitance'

5 of 14

Bidar

Certain degree of intergration may be sufficiant for establishment 

6 of 14

Forster

A rule by the Netherlands that an individual has to reside for 5 years before giving grants was not discriminatory even though this did not apply to Dutch nationals

7 of 14

Rahman

Dependents must be from the same country that the family member comes from

'MS are not required to grant every application for entry or residence submitted by family members of a Union citizen who do not fall under the definition in Article 2(2)'

8 of 14

Metock

Application of D 2004/38 is not conditional on fam members having resided in a MS previously

9 of 14

D'hoop

Restrictions 'would only be justified if it were based on objective considerations independent of the nationality of the persons concerened and were proportionate to the legitimate aim of national provisions'

10 of 14

Grzelczyk

French national, who was a final year student in Belgium, faced financial difficulties. As this was just a temporary difficulty, he should be treated as a national

11 of 14

Baumbast v SSHD

Preventing a child from continuing education in a MS disuades and creates an obstacle to FMOP

'primary carer of those children, irrespective of his nationality, to reside with them in order to facilitate the exercise of that right'

12 of 14

Gottwald

Austrian law allowed disabled people to enjoy freedom from tolls. Gottwald was a German national and as such he was denied a permit. He was able to challenge this under Art 18 TFEU

13 of 14

Ruiz Zambrano

Court recognised the right of residence of a family member

14 of 14

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