EU Citizens Directive Lecture Notes

Personal Scope of the Directive

• Includes EU Nationals:
  • Nationals of the Member States.
• Includes Family Members:
  • Spouse.
  • Partner (in registered partnership, equivalent to marriage in host state).
  • Direct descendants under 21 or dependents.
  • Dependent direct relatives in the ascending line (including those of the partner and spouse) who accompany the EU citizen.
  • Member States' Obligations:
    • No discretion in applying these provisions to family members.

Entry and Residence of Other Relatives

• Relatives Enjoying Facilitation of Entry:
  • Not provided with automatic right of residence and movement.
  • Member States shall facilitate entry and residence for:
    • Other family members (e.g., uncles, cousins, siblings) who are dependents or household members of the EU citizen.
    • Persons requiring personal care for serious health reasons.
  • Partner with whom the EU citizen has a durable relationship (duly attested).

Rights Provided to EU Citizens and Family Members

Right to Leave

• Right to Leave:
  • Member States must grant citizens and family members the right to leave with a valid ID or passport.
  • Exit visas are prohibited within the EU.

Right of Entry

• Right of Entry:
  • Citizens and family members can enter with a valid ID or passport.
  • No visa required, except for third-country national family members.
  • Member States must allow obtaining required documents if not initially met.

Right of Residence

• Right of Residence (up to 3 Months):
  • Subject to no conditions other than presentation of an ID card or passport.
  • Reason for residence irrelevant (study, work, tourism).
• Right of Residence (more than 3 Months):
  • Conditions:
    • Workers or self-employed in host state.
    • Sufficient resources and comprehensive sickness insurance.
    • Enrolled in public/private establishment for study/training with insurance.
  • Family members enjoy the same rights as EU nationals.

Right of Permanent Residence

• Right of Permanent Residence:
  • Provided after 5 years of lawful, continuous residence.
  • Temporary absences up to 6 months/year, military service, or up to 12 months for serious reasons (e.g., childbirth) do not affect continuity.
  • Lost after absence for 2 consecutive years.

Other Rights and Regulations

• Right to Employment:
  • No discrimination; same conditions as nationals.
  • Certain linguistic requirements accepted if proportional (e.g., Irish language for teachers).
• Social and Tax Advantages:
  • Workers from other Member States subject to same advantages as nationals.
• Vocational Training:
  • Access under same conditions as nationals.
• Trade Union Rights:
  • No discrimination in trade union rights.
• Housing and Education:
  • Equality in housing rights and children’s education/training benefits.

Upcoming Topics

• Free Movement of Workers and Services:
  • Secondary instruments and right of establishment.
  • Recognition issues.
  • Free movement of lawyers.

Preparation for Next Class:

• Read the textbook for detailed information on these topics.