Free movement

for all? EU
Citizenship
Lecture
1

part
1
Dr Sanna
Elfving

The History of EU CShip

A brief intro to EU cship: the history
Formal introduction into Treaties
Case law development
Consolidation into secondary legislation
Further cases
Mainly concerned with who can claim
cship rights

Detail of specific rights

The Formal Introduction

Maastricht Treaty 1992:
ARTICLE 8
1. Citizenship of the Union is hereby
established. Every person holding the
nationality of a Member State shall be
a citizen of the Union.

Early (ish) case law

R v Home Secretary ex parte Vitale
and Do Amarai [1995] All ER (EC)
946 and [1996] All ER (EC) 461
Case C-85/96 Martnez Sala v
Freistaat Bayern [1998] ECR I-2691
Case 184/99 Grzelczykv Centre
public d'aide sociale d'OttigniesLouvain-la-Neuve [2001] ECR I-6193

 Case C-413/99 Baumbast and R v

Secretary of State for the Home
Department [2002] ECR I-7091

Case C-200/02 Zhu and Chen v

Secretary of State for the Home
Department [2004] ECR I-9925

Consolidation
Directive 2004/38 of the European
Parliament and of the Council of 29
April 2004
on the right of citizens of the Union and
their family members to move and reside
freely within the territory of the Member
States
[2004] OJ L229/35

More case law

Case C-310/08 Ibrahim and Case C480/08 Teixeira
Case C-34/09 Zambrano v ONEM
[2011] ECR i-1177

C-434/09 - McCarthy

Informal Aspects
The inclusion of Cship at
Maastricht
[w]as essentially the beginning of a
new stage in an on-going process of
development of the status of the
individual (Shaw 1997)

Case C-333/13 Dano and

Case C-67/14 Alimanovic
No social assistance available to
migrants who are economically inactive
Regulation 883/2004 on the coordination
of social security
[T]here is nothing to prevent the
granting of such benefits to Union
citizens who are not economically active
from being made subject to the
requirement that those citizens fulfil the
conditions for obtaining a right of
residence under Directive 2004/38 in the
host Member State (Dano para 83)

So how do these new cases

fit in in the free movement
rights?

Maybe they dont?

Free movement should fit nicely.
Economic activity?
Dont quite fit the EU ideal?

What do you think?

Conclusions so far
Personal Scope of the provisions
Link to free movement
Union Citizenship should be the
fundamental status of nationals of the
Member States when they exercise their
right to free movement and residence
(Directive 2004/38, Recital 3)