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EU law (free movement of persons ((2.) Citizenship (Citizenship directive…

- - - - 1. Vertical direct effect!
        
        Van Duyn
      - 3. Non-discrimination
        
        Citizenship directive
        
        Regulation 492/2011
        
        Art. 7
        
        Prohibition
        
        Definition of what is included in the prohibition
        
        Positive requirements
        
        Sotgiu s.584
        
        Indirect discrimination
        
        O’Flynn s. 584
        
        Two situations
        
        indistinctly applicable measures but the great majority of those affected are migrant workers
        
        indistinctly applicable measures that are more easily satisfied by national workers
        
        Bosman s.586
        
        Non-discriminatory measures
        
        S. 584 boken
        
        Differentiation is acceptable where it is based on objective factors pursuant to a legitimate aim and proportionate
      - 1. Horizontal direct effect
        
        Angonese, Walrave and Koch
      - 2. Subjekt
        
        Worker
        
        Lawrie-Blum s. 578
        
        under the direction of another person
        
        in return for which he receives remuneration
        
        Time
        
        Levin s. 578
        
        effective and genuine activities
        
        Steymann
        
        lodging and pocket money
        
        Bettray
        
        activity as part of a drug rehabilitation program
        
        Hoekstra s. 577
        
        Not a matter within the competence of national law
        
        Trojani s. 578
        
        part of the normal labour market
        
        Former workers
        
        relevant in the context of claiming social benefits
        
        Art. 45(3)(d) TFEU
        
        Lair s. 578-579
        
        link between previous employment and future education
        
        Directive 2004/38, Article 7(3)
        
        Job seekers
        
        Antonissen s. 580-581
        
        a reasonable time
        
        Lebon
        
        equal treatment only in as far as ‘access to employment’ is concerned
        
        Directive 2004/38, Article 14(4)(b)
  - - - Art. 49, 54 TFEU
        
        treated in the same way as natural persons
        
        Definition company
        
        Daily Mail
        
        hands of the domestic legislator to define the status of a company
        
        Cartesio
        
        It is up to the Member State to require dissolution of a company when
        that company is moving abroad
        
        Centros
        
        But Member State law cannot restrict the establishment of a company
        
        immigration vs emigration
    - - Art. 49 TFEU
        
        Reyners
        
        Direct effect
        
        Gebhard s. 592
        
        Definition establishment
        
        participate, on a stable and continuous basis, in the economic life of a Member Stat
        
        regularity, periodicity or continuity
        
        Material scope
        
        wording
        
        Discrimination
        
        Knoors s. 594
        
        purely internal
        
        Klopp s. 594
        
        Indirect discrimination
        
        Gebhard, Vlassopoulou, Commission v Spain, para. 64 s. 595
        
        Non-discriminatory measures
        
        Primary and secondary establishment
      - Mutual recognition of qualifications
        
        Directive 2005/36, Art. 3(1)(a)
        
        automatic recognition
        
        recognition of professional experience
        
        recognition of evidence of training
        
        Directive 77/249
        
        regulating legal profession
      - Justifications
        
        explicitly Article 52 TFEU
        also Directive 2004/38 as far as it is applicable
        
        public policy, public security or public health
        
        Imperative Requirements
      - Derived rights
        
        same as citizenship and (partly) workers, i.e. by virtue of Directive
        2004/38
        
        Gebhard
      - Reservations
        
        Accession Agreement
      - Content of the right
        
        shall enjoy equal treatment with the nationals of that Member State within the scope of the Treaty
  - - - Free movement
    - - Art. 6
        
        right of residence up to 3 month
      - Art. 7
        
        right of residence for more than 3 month
      - Chapter IV
        
        permanent residence permit (generally requiring a continuous period of five years of residence in the host country)
      - Needs to be a intra-EU component
        
        Broad understanding
        
        Zhu and Chen, Garcia Arvello, Zambrano
        
        Cannot rely on dual citizenship without having exercised your right
        
        McCarthy
        
        Returning to your home country
        
        Surinder Singh
      - Art. 24
        
        Social assistance
        
        Definition
        
        Brey, Vatsouras and Koupatantze s. 605
        
        Access to education
        
        Grzelczyk, Förster
    - - EU-Citizenship and right to free movement
      - Baumbast s. 599
        
        Direct effect
  - - - public policy, public security and public health
    - - Imperative Requirements
        
        applied in a non-discriminatory manner
        
        justified by imperative requirements in the general interest
        
        suitable to attain that objective
        
        no less restrictive measure available
    - - Public services
        
        Reyners
        
        individual posts that are typical of the specific activities of the public service
  - - - Directive 2004/38
        
        Articles 12 and 13 on retention of rights
      - Article 10 Reg 492/2011
        
        on access to education for children of resident workers
    - - Directive 2004/38
        
        Articles 3(1) and 7(d)
        
        Article 2(2)
        
        category of family member
        
        Article 3(2)
        
        other family members
    - - Reed
        
        Definition Spouse
      - Diatta
        
        Definition Spouse (living apart not yet divorced)
      - Metock
        
        Definition Spouse (where, when married)
- - - - Vertical direct effect
      - Horizontal direct effect
      - Van Gend en Loos
      - Van Duyn
      - Foster
      - CIA Security
      - Unilever
    - - Costa v ENEL
      - Internationale Handelsgesellschaft
      - Simmenthal II
      - Solange I
      - Solange II
      - Foto Frost
      - Mangold
      - Honeywell
  - - - Free movement of goods, persons, services and capital
- - - - definition: statistical Levy, para 7
      - CEE
        
        Definition: Art treasury
      - Exceptions (whether or not a charge falls within the purview of Article 30 TFEU)
        
        payment for service rendered
        
        But statistical Levy
        
        But Bresciani
        
        compensation for inspections required by EU law
        
        Case 18/87 Commission v Germany
        
        a. do not exceed actual costs for the inspection
        b. obligatory and uniform for all products
        c. prescribed by Union law in the general interest of the Union
        d. promote the free movement of goods
        
        OBS! No justification under art 36
      - Legros
        
        even to intra-State customs regions
    - - art 110
        
        like products art 110(1)
        
        184/85 commission v Italy
        
        humblot
        
        168/78 Commission v France
        
        Objectiv criteria
        
        Consumer needs
        
        markets
        
        Organoleptic properties
        
        Competitive products art 110(2)
        
        170/78 commission v. UK (wine and beer)
        
        Capolongo
        
        Difference CEE and taxation
  - - - MEEQR
        
        Boarder measures
        
        Dassonville
        
        Selling arrangements
        
        Keck
        
        Products requirements
        
        Cassis de Dijon
        
        principle of mutual recognition
        
        Consumer use
        
        Italian Trailers
        
        Mickelsson and Roos
        
        Discriminatory #
        
        Non-discriminatory #
        
        Keck
        
        Walter Rau
        
        Potentially
        
        Bluhme
        
        Member-state
        
        Buy Irish
      - import art 34
        
        Prohibition
        
        Henn and Darby
        
        Delhaize
        
        Rosengren
        
        Definition: Geddo para 7
      - export art 35
        
        Prohibition
    - - art 36
        
        public morality
        
        Henn and Darby
        
        public policy
        
        Leclers
        
        Public security
        
        Campus oil
        
        protection of health and life
        
        40/82 Commission v UK
        
        Sandoz
        
        protection of national treasures
        
        protection of commercial and industrial property
        
        Phil Collins
      - Imperative requirements
- - - - Van Binsbergen
        
        Direct effect
    - - in so far as they are not governed by the provisions relating to freedom of movement for goods, capital and persons.
      - Without prejudice to the provisions of the Chapter relating to the right of establishment, the person providing a service may, in order to do so, temporarily pursue his activity in the Member State where the service is provided, under the same conditions as are imposed by that State on its own nationals.
    - - The service provider
      - The service
        
        Alpine Investments
      - The recipient of services
        
        Luisi and Carbone
    - - Wide reading, strike --> within personal scope of Art. 56
    - - Lawfully practiced in several member states