EU Citizenship Rights and Worker Freedoms Analysis

Foundations of Citizen Rights (Articles 18, 20, 21)

1. Defining the Individual Citizen (Article 20)

An individual is considered a citizen. One does not need to be economically active to rely on citizen rights; rights are gained upon birth in the EU.

2. Measuring Breaches of Rights (Articles 21, 18, 20)

• Right to Reside (Article 21): The right of residence exists but can be limited if the individual lacks sufficient resources.
• Non-Discrimination (Article 18): Protects against discrimination based on nationality. Once people have a residence permit, if they are not economically active, they can rely on Article 18 for social assistance.
• Students may request loans. Members States (MS) can require social integration but do not require settled status; this can be determined by the period of time the student has been in the country.
• Broad breach relates to Article 20.

3. Social Advantage Breaches (Article 24 in relation to Article 20)

a. Equal Treatment with Social Assistance

Must be available to individuals with insufficient resources to maintain themselves and their family:

• Students: Not obligatory for the first three months of residence; available after three months.
• Not available for job seekers.
• Not available for inactive citizens.

b. Rights of Family Members (Articles 23, 24)

4. Measures Breaching Citizen Rights Directly

Measures can breach citizen rights regarding other advantages:

• Restrict right of exit (Article 4).
• Restrict right to enter (Article 5).
• Restrict right of residence for up to three months (Article 6).
• Restrict right of residence for more than three months (Article 7).
• Restrict right to permanent residence (Article 16). Article 21 explains these provisions.

Foundations of Workers' Rights (Articles 45, 46, 48, Regulation 492/11)

EU citizens can receive further protection through the free movement of workers under Article 45. This prohibits direct and indirect discrimination and applies even if the situation is not purely internal. It confers rights if the citizen has already exercised free movement. It can be relied upon against State authorities and private parties.

1. Can a Citizen Be Further Protected by Article 45?

A worker is a person who performs services under the direction of another person in return for remuneration. A. Is there an employment relationship? This involves performing services in return for remuneration and considering the level of productivity.

2. Real and Genuine Economic Activity Pursued?

The activity must not be purely marginal and ancillary.

3. Cross-Border Element?

Consider part-time workers, trainees, and apprentices. If the citizen is considered a worker, what additional rights does the worker have? Access to employment, quotas from the EU are prohibited, as is direct and indirect discrimination.

Job Seekers

All these rights can remain in the State for at least three months; there is no power of automatic expulsion once that time is up. Social assistance under Article 24 is not available.

Is the Measure Discriminatory?

If it breaches Article 45 (Indirect Discrimination, Article 45): Refusal to recognize previous employment in another MS. The principle of equal treatment extends to family members' right of residence (Article 24). Express derogation exists under Article 45. The right of equal treatment applies to job seekers and students (Article 7). Justification is necessary for expulsion (Articles 14, 15). Expulsion on public health grounds for migrants is covered by Articles 27, 29.