Free movement of people and workers

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Under Art 20(1) citizenship of the European Union requires
The citizen to be a citizen of a MS, can be a dual national (Micheletti)
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Under Art 21(1) every citizen has the right to
Move freely and reside in another MS
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What is the name of Directive 2004/38
Citizens
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Who can rely on Art 21(1)?
Unemployed, students, retired, incapable of working for health
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What Article challenges discrimination based on nationality?
Article 18
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What are the 4 public interest justifications under Article 21(1) in relation to citizen rights?
Objective consideration of public interest, nationality, appropriateness, proportionate
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What does Directive 2004/38 do?
Confers rights for a citizen to leave their home state and enter a host state, to bring their family, set up home and retire.
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What does Article 4 provide rights for?
Exit
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What does 4(1) of Article 4 state?
Citizens and family members only need a valid identify card or passport to leave
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What does 4(2) of Article 4 state?
No exist visa is required for those who meet 4(1).
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What does Article 5 provide rights for?
Entry
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What does 5(1) state?
Citizen may enter with a valid ID card or passport, non-EU family members must be granted entry with a valid passport
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What does 5(2) state?
No entry visa is required unless a non-EU national
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What does 5(4) state?
Non-EU family members should be given reasonable opportunity to source necessary travel documents
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What does Article 6 refer to?
Rights of residence for citizens for up to 3 months
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What does 6(1) state?
Right of residence within the host state for a period of up to 3 months without any formalities other than to hold a valid ID or passport
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What does 6(2) state?
Confers the right of 6(1) on non-EU family members with a valid passport
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What does Article 7 provide rights for?
Residence for more than 3 months
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What does 7(1) state?
EU citizens have right to residence if a worker/self-employed; have sufficient resources for support; are students
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What does 7(1)(d) state?
rights are conferred on family members accompanying or joining union citizens
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What does 7(2) state?
rights from 7(1) are extended to include non-EU family members
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What does Article 8(1) require?
Periods of longer than 3 months, require citizens to register with relevant authorities and receive registration certificates (8(3))
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What does Article 9(1) state?
Non-EU family members can be issued with a registration card
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What does Article 11(1) state?
Registration cards are valid for 5 years
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What does family member mean under Article 2(2) of Directive 2004/38
A spouse, registered partner, direct descendants or direct relative in ascending line
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Under Art 27(1) what are the three methods which free movement may be restricted
Public policy, security, health
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What is meant by proportionality?
action taken must be limited to what is necessary to achieve the objective
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Where did the definition for workers come from?
Lawrie-Blum
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What is the definition of a worker?
a person who is obligated to provide services… in return for monetary rewards and who is subject to the direction or control of another person in regards to how the work should be done
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What was necessary in Levin in order to class those in part-time and low-paid jobs as workers?
Effective and genuine work (not social employment (Bettray))
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What are the two requirement stopping work-seekers from being deported
Can provide evidence (a) continuing to seek employment and (b) genuine chances of becoming employed
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Can work-seekers claim certain social benefits, such as Job Seekers Allowance?
Yes, but not guaranteed
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Under Article 10 what is the age limit for being a child
No age limit; Goal 22 year old still a child
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What is the purely internal rule
If all the facts occur within a single MS then EU has no role.
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what are the two exceptions to the purely internal rule?
Doesn't apply to returnees to home state; if right would infringe a child's status as an EU citizen
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What is the public service exemption?
Only exclude foreign nationals from accessing employment, not conditions of employed after it has been granted (Sotgiu).
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Are teachers and nurses public service
No
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Other cards in this set

Card 2

Front

Under Art 21(1) every citizen has the right to

Back

Move freely and reside in another MS

Card 3

Front

What is the name of Directive 2004/38

Back

Preview of the front of card 3

Card 4

Front

Who can rely on Art 21(1)?

Back

Preview of the front of card 4

Card 5

Front

What Article challenges discrimination based on nationality?

Back

Preview of the front of card 5
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