EU LAW-FMOP

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  • Created by: Lara
  • Created on: 01-05-17 08:56
Article 3 TEU
EU aims to promote peace, values and well-being of its people
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Article 20 TFEU
All memebr states are EU citizens
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Article 45 TFEU
Freedom of movement and protection for workers, helps abolish discrimination
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Maastricht Treaty 1993
citizenship established
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Directive 2004/38
Rights of citizens and their families to freely move between member states. Child must be under 21, dependant and long term partner
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Hoekstra Case
definition of worker should be by eu law, not national
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Lawrie Blum Case
definition of a worker
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Kempf case
Part-time work qualified as a genuine activity to be a worker
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Commission v Belgium
Beign able to not hiresomeone based on their ofriegn nationality due to PUBLIC security, health and policy
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Micheletti Case
up to member state to decide who is a national citizen of their country
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Grzelcyzch 2002
"Union citizenship is destined to be the fundamental status of nationals of the member states"
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Chen Case
Right of residency dervied from daughter because "crossed boarders"
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Zombrano Case
Deprived of genuine enjoyment test used
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Short term residency-Collins case
less than 3 months, ex worker/work-seekers allowed to stay
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Long term residency-Baumbast case
over 3 months, requires sufficient funds and comprehensive sickness insurance
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Directive 2004/38, Article 16
Right to permernant residency atfer 5 years of continuous stay
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Directive 2004/38 Article 17
If under 5 years, must be retired of unable to work permernantly for permernant residency
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Directive 2004/38 Article 28
Rules on Deportation and Expulsion- "Impossible unless for PUBLIC health or security" under 10 years
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Deportation and Expulsion
Goes against EU free movement. If residency for over 10 years, MUST be for public security or if a minor.
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Courts must consider all factors before deportation/expulsion
Length of residency? Age? Health? Family and Economic situation? Social integration? Links with country of origin?
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Other cards in this set

Card 2

Front

All memebr states are EU citizens

Back

Article 20 TFEU

Card 3

Front

Freedom of movement and protection for workers, helps abolish discrimination

Back

Preview of the back of card 3

Card 4

Front

citizenship established

Back

Preview of the back of card 4

Card 5

Front

Rights of citizens and their families to freely move between member states. Child must be under 21, dependant and long term partner

Back

Preview of the back of card 5
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