1. THE SCOPE OF THE RIGHTS TO FREE MOVEMENT
(a) EU CITIZENSHIP: “EU Citizenship rights once given, cannot be denied or claimed to be abused”
The free movement of persons is said to be one of the four fundamental freedoms of European Union law, along with the free movement of goods, services, and capital, and one of the essential components of the internal market.
i) The primary legislation:
Treaty on European Union (Lisbon consolidated):
Art 3 (2): “The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured with respect to external border controls, asylum, immigration and the prevention and combating of crime.”
Art 4 (2): “...respect the equality of Member States...as well as their national identities...”
Art 9: “...shall observe the principle of the equality of its citizens. Every national of a Member State shall be a Union citizen. Citizenship of the Union shall be additional to national citizenship and shall not replace it.”
Treaty on the Functioning of the European Union (Lisbon consolidated):
Art 8: “...eliminate inequalities...promote equality between men and women.” Art 9: “...social protection...”
Art 10: “...aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.” Art 18: “...any discrimination on grounds of nationality shall be prohibited.” Art 19: Council with consent of EP to take “appropriate action” combat aims of Art 10
Art 20 (1): “Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship. (2): “They shall have, inter alia:
a) the right to move and reside freely within the territory of the Member States; b) the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that State;
The secondary legislation: Directive 2004/38, Article 2(1) which states that ‘Union citizen’ means ‘any person having the nationality of a Member State.’
The concept of EU citizenship creates a new ‘fundamental status’ for its citizens and illustrates the fact that the EU has extended its remit beyond economic and social aims. Union citizenship is a symbol of European identity. European flag – adopted in 1986 with 12 stars permanently as they represent “a symbol of perfection”. European Anthem – adopted in 1972 tuned to the prelude to the ‘Ode to Joy’ from Beethoven’s Ninth Symphony. Europe Day – 9 May
Motto – ‘Unity in diversity’
Nationality depends on each MS nationality laws. Once a national of a MS, you are an EU citizen. So, who are the Member States?
AUSTRIA, BELGIUM, BULGARIA, CYPRUS, CZECH REPUBLIC, DENMARK, ESTONIA, FINLAND, FRANCE, GERMANY, GREECE, HUNGARY, IRELAND, ITALY, LATVIA, LITHUANIA, LUXENBOURG, MALTA, NETHERLANDS, POLAND, PORTUGAL, ROMANIA, SLOVAKIA, SLOVENIA, SPAIN, SWEDEN, UNITED KINGDOM.
ii) European Economic Area countries of NORWAY, LIECHTENSTEIN, ICELAND
In addition to the above, under the European Economic Area Treaty (EEA) which came into force on 1 January 1994, these rights of free movement are extended to nationals of the Member States of the EEA i.e. ICELAND, LIECHTENSTEIN and NORWAY. Association Agreements with non-member states also usually include some (more limited) provisions for free movement. The extent of these depends on the particular agreement in question.
iii) Future Member States: Croatia. Turkey? SCOTLAND?!!!
January 2012: Following a referendum, 66% of Croatians decided to vote ‘yes’ to joining the EU. Membership will commence from 1 JULY 2013.
iv) Non-EU nationals: any rights?
Non-EU nationals have no right in...