Lecture Notes: Directive 2004-38 and Equal Treatment in the EU

Introduction

• Directive 2004-38 is central to EU citizens entering and residing in member states.
• Focuses on rights of entry, residence, and conditions under which these rights can be limited.

Equal Treatment

Article 24: Equal Treatment

• Paragraph 1: Ensures equal treatment for EU citizens residing in a host member state.
  • This includes family members with permanent residence rights.
  • Prohibits discrimination based on nationality.
• Covers types of discrimination:
  • Direct Discrimination: Directly based on nationality.
  • Indirect Discrimination: Practices resulting in unequal treatment.
  • Non-discriminatory Barriers: Hindrances to free movement.

Justifications for Unequal Treatment

• Justifications not explicitly mentioned in Article 24.
• Member states can justify measures using:
  • Grounds mentioned in the treaty.
  • "Rule of reason" from case law.
• Similar to free movement of goods and public interest requirements.

Article 24.2: Limitations

• Derogation from Paragraph 1:
  • No obligation for social assistance during the first 3 months.
  • No maintenance aid for studies unless the person is economically active.

Economically Active vs Inactive

• Economically active individuals have near full equal treatment.
  • Includes workers, self-employed, and those contributing to the economy.
  • Access to social benefits similar to nationals.
• Economically inactive: Stringent conditions and fewer benefits.
  • Must have financial means and health insurance.

Social Assistance and Residence

• Entitlement to social assistance is limited:
  • First 3 months of residence: No entitlement.
  • Extended for job seekers under Article 14.4b.
  • Economically inactive risk losing residency rights if dependent on social assistance.

Potential Expulsion and Residency Rights

• Article 14: Member states may expel citizens using social assistance excessively.
• No automatic expulsion but risk exists if conditions of Article 7 are unmet.
• Economic burden on the state is a key factor.

Summary

• The directive simplifies entry and residency rights but involves complex interpretations.
• Understanding the system before Directive 2004-38 helps grasp current laws.
• Future discussions will delve deeper into specific cases and historical context.

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Next Steps

• Further analysis of pre-Directive 2004-38 situations.
• Examination of case law and its impact on current interpretations.
• Upcoming videos will cover detailed legal implications and case studies.