Problem 7
- When are you a citizen of the European union
- What is the freedom of movement
- When are border controls allowed
L1: When are you a citizen of the European union
Art. 20 TFEU: You are a citizen of the European Union when you have the
nationality of a member state. Nationality of a member state automatically gives
nationality the European Union
Sub 2: They shall enjoy the rights and be subject to the duties provided for in the
Treaties.
A. Right to move and reside freely within the member states
B. Right to vote and stand as candidates in election of the European Parliament
C. The right to enjoy, the protection of the diplomatic and consular authorities of
any member on the same conditions as the nationals of that state
D. The right to petition to the European Parliament, to apply to the European
Ombudsman and to address the European institutions and body’s of the Union
in any of the Treaty languages and to obtain a reply in the same language
Art. 21 – 24 elaborate on the subjects in A – D
L2: What is the freedom of movement
The European treaties also aim to ensure the free movement of certain categories of
persons.
The philosophy behind the European treaties originally limited the right to move
across national border to economically active persons. They distinguished between
two classes of economically active persons;
- ‘Employed’ persons
- ‘Self-employed’ persons
The free movement of persons is a mixture of primary and secondary law
Rottmann
Facts
The Austrian Rottmann, suspected of criminal offences, moved to Germany, he
settled there and then lost his Austrian nationality. The German authorities
discovered his criminal offences. They wanted to withdraw his German nationality
with the result that Rottmann would become stateless.
, Question
Was the withdrawal of the German citizenship in line with the principle of
proportionality
Court
European citizenship is an independent citizenship form the national citizenship,
resulting in an independent legal status.
Free movement of workers
- Art. 45 TFEU: The TFEU contains a single provision that governs national
restrictions and possible justifications to the free movement of persons.
Personal scope: workers and quasi-workers
Workers
The scope of workers in Art. 45 TFEU could only be decided by the Court of Justice,
since it should not be possible for each state to modify the meaning.
- The concept of ‘worker’ had to be a European legal concept, as the ‘treaty
would be frustrated if the meaning of such a term could be unilaterally fixed
and modified by a national law.
The scope of worker has been defined in the Lawrie-Blum case
The court gave three criteria for someone to fall within the scope of workers (pa. 17)
- A person would have to be settled
- The person would fall under the direction of someone else
- The payment of remuneration (vergoeding)
§21 referred to the Levi case which said, that a remuneration must be for a person
who’s activities are effective and genuine.
Under this minimalist definition, the number of working hours and the level of
remuneration was irrelevant, except for an activity that was ‘purely marginal and
ancillary’.
Quasi-workers
Quasi-workers: people that are searching for future employment, or people that have
been engaged in past employment.
The Court has decided that these quasi-workers also fall within the scope of Art. 45
TFEU
- When are you a citizen of the European union
- What is the freedom of movement
- When are border controls allowed
L1: When are you a citizen of the European union
Art. 20 TFEU: You are a citizen of the European Union when you have the
nationality of a member state. Nationality of a member state automatically gives
nationality the European Union
Sub 2: They shall enjoy the rights and be subject to the duties provided for in the
Treaties.
A. Right to move and reside freely within the member states
B. Right to vote and stand as candidates in election of the European Parliament
C. The right to enjoy, the protection of the diplomatic and consular authorities of
any member on the same conditions as the nationals of that state
D. The right to petition to the European Parliament, to apply to the European
Ombudsman and to address the European institutions and body’s of the Union
in any of the Treaty languages and to obtain a reply in the same language
Art. 21 – 24 elaborate on the subjects in A – D
L2: What is the freedom of movement
The European treaties also aim to ensure the free movement of certain categories of
persons.
The philosophy behind the European treaties originally limited the right to move
across national border to economically active persons. They distinguished between
two classes of economically active persons;
- ‘Employed’ persons
- ‘Self-employed’ persons
The free movement of persons is a mixture of primary and secondary law
Rottmann
Facts
The Austrian Rottmann, suspected of criminal offences, moved to Germany, he
settled there and then lost his Austrian nationality. The German authorities
discovered his criminal offences. They wanted to withdraw his German nationality
with the result that Rottmann would become stateless.
, Question
Was the withdrawal of the German citizenship in line with the principle of
proportionality
Court
European citizenship is an independent citizenship form the national citizenship,
resulting in an independent legal status.
Free movement of workers
- Art. 45 TFEU: The TFEU contains a single provision that governs national
restrictions and possible justifications to the free movement of persons.
Personal scope: workers and quasi-workers
Workers
The scope of workers in Art. 45 TFEU could only be decided by the Court of Justice,
since it should not be possible for each state to modify the meaning.
- The concept of ‘worker’ had to be a European legal concept, as the ‘treaty
would be frustrated if the meaning of such a term could be unilaterally fixed
and modified by a national law.
The scope of worker has been defined in the Lawrie-Blum case
The court gave three criteria for someone to fall within the scope of workers (pa. 17)
- A person would have to be settled
- The person would fall under the direction of someone else
- The payment of remuneration (vergoeding)
§21 referred to the Levi case which said, that a remuneration must be for a person
who’s activities are effective and genuine.
Under this minimalist definition, the number of working hours and the level of
remuneration was irrelevant, except for an activity that was ‘purely marginal and
ancillary’.
Quasi-workers
Quasi-workers: people that are searching for future employment, or people that have
been engaged in past employment.
The Court has decided that these quasi-workers also fall within the scope of Art. 45
TFEU
