free movement of persons in EU

3034 Words Nov 12th, 2014 13 Pages
Introduction
The concept of the Union Citizenship introduced at Maastricht for the first time in 1992 and a number of rights were specified in the treaty which can be enjoyed by the citizens.
Directive 2004/38 strengthened and displaced most of the legislation that were governing the rights of different category of people under EU law, including workers, job seekers, self employed, families, students, etc. Moreover, discrimination on the ground of nationality is prohibited on matters such as taxation, social benefits, educational benefits and dual-nationality situation. For example in Rudy Grzelczyk who was a French national studying in Belgium. He faced temporary economic difficulties in his fourth year. He applied to get student
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This is mentioned by the ECJ in Gauchard where a French manager of a supermarket was accused of extending his supermarket without getting permission. He argued that the French rules breached EU law, but the ECJ disagreed due to wholly internal situation. However, this link might exist without a cross-border element; this is affirmed in Ruiz Zambrano which will be discussed later.
The rights of free movement and residence of EU citizens
EU citizens are provided various rights which can be enjoyed by them under article 20(2) TFEU. Under the mentioned article EU citizens are granted political rights and the right to move and reside freely within the territory of the Member States. It is noteworthy that the right of residence is given to EU citizens under CRD 2004/38 is different for different groups. Under article (6) Union citizens have the right of residence up to three months without any condition. However, under article (7), the right of residence for more than three months is conditioned and it is only for workers, self-employed and those who have adequate resources and they do not become a burden on the host Member State. Moreover, Union citizens have the right of permanent residence if they continuously reside in the host Member State for five years (article 16). A question arises here, should Union citizens get the right of