EU Citizenship Rights and Protections for Workers and Job Seekers

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Fm of citizens- 18,20,21. 1. Is an individual a citizen? 20. One doesn’t have to be economically active to rely on citizen rights, gained when born in the EU. 2. Measures to breach 21,18,20? Is there a right to reside restricted- 21, right of residence but can be limited by having sufficient resources. Right to not be discriminated on grounds of nationality- 18, once people have a residence permit, if not economically active can rely on 18 for social assistance. For students, request loans. MS- can request societal integration but do not require settled status, can find by demonstrating a period of time a student has been in the country. Broad breach- 20. 3. Does measures breach citizen rights on social advantage on 24.1 crd? a. Equal treatment with social assistance- must be available to individuals with insufficient resources to maintain himself and family- students after 3 months of residence, not obligatory for the first 3 months of residence, not available for job seekers, not available for inactive citizens. b. Right of family members? 23.24. 4. Does measures breach citizen rights directly regarding other advantages- restrict right of exit 4. Enter 5. Restrict tight to reside in MS for up to 3 months-6. Restrict right of residence for more than 3 months- 7. Restrict right of permanent residence- 16. Article 21 explains. Fm of workers- 45,46,48 reg 492/11. EU citizens can be further protected by free movement of workers art 45- prohibits direct and indirect discrimination, does not apply to only internal situations. Confers rights if citizen has already exercised free movement. Can be relied on state authority and private party. 1. Can citizens be further protected by art 45? Worker is a person who performs services under the direction of another person in return for remuneration. A. Is there an employment relationship? A. Perform services in return for remuneration, level of productivity. 2. Real and genuine economic activity pursued? Must be purely marginal and ancillary. 3. Cross-border element? Part-time workers, trainees, apprentices. If the citizen is considered a worker, then what additional rights does the worker have? Access of employment, quotas from EU are prohibited and direct and indirect discrimination. Job seek- all these rights can remain in state for at least 3 months, has no power of automatic expulsion once time is up. Social assistance 24- not available. Is measures discriminatory- if it breaches 45. Indirect- 45. Refusal to recognize previous employment in another MS. Principle of equal treatment extends to family members' right of residence- 24. Express derogation- 45. Right of equal treatment for job seekers students 7. Necessary to justify- expulsion- 14,15. Expulsion on public health of migrant- 27,29.

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