Please enable JavaScript.

Coggle requires JavaScript to display documents.

Citizenship, Directive 2004/38 - Coggle Diagram

- - - - every national of member state is citizen
      - sets out rights
    - - right to move around
    - - prohibits discriminaiton based on nationality
  - - - Bidar french student in london seeking maintenance grant succeeded on citizenship as opposed to workers
      - Bressol quota on medical school applicants - CJ banned by 18 and 20 although could be justified if not having quota damages system
  - - - nationals fewer rights then incoming person
      - Morson & Jhanan dutch nationals in netherlands unable to bring in non-EU citizen parents - no EU rights as no crossing border
      - Singh indian married UK national in Germany, sought to return to UK, if not allowed then a deterred from travelling
      - Enid Dutch citizen bring off-spring from outside EU back, tried to argue internal case of Dutch citizen coming back - he was successful- returning EU citizen
      - S against M ghanain living in Finland, married had child, divorce, married new person from Ghana, new spouse not given citzenship
      - Chen v Secretary of State Irish born but resident in UK, never left UK but entitled to rely on EU law
  - - - only applies to thsoe who move
      - article 4 can't stop person leaving
      - article 14 right of residence unless become unreasonable explusion
  - - - commission v denmark can't have any laws which impede workers coming in from new member states (registration)
    - - Bambast could be restricted if legitimate interest - proportioante limitations (sufficient resources, worked and lawfully resided, not a burden)
      - Zhu and Chen chinese nationals, one child born in child, that child entitled to rely on citizenship 21 TFEU - didn't matter if child didn't personally own resources - if granted by one MS all other MS had to respect
  - - - martinez Sola general principle of non-discrimination towards citizens, applied for child benefit initially refused - ECJ requirements not same for nationals (came within treaty) - regulations about family benefit and social assistance
    - - Grzelczyk french student in belgium applied for residence, refused as not belgium citizen, - ECJ - nationals and non-nationals treated same
      - Bidar french student applied for student grant, had been staying with granny, application refused since not entitled t oreside in UK - ECJ- was sufficiently integrated
      - Jacqueline Forster 5 years uninterupted residency was sufficient - ECJ - right to ensure students are integrated into society
    - - Collins - entitled as aimed at facilitating access to market