Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Blaise Baheten Metock and others v Minister for Justice, Equality and Law Reform (Case C-127/08), EU:C:2008:449, [2008] ECR I-6241, 25 July 2008. The document also includes supporting commentary from author Noreen O'Meara.
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Blaise Baheten Metock and others v Minister for Justice, Equality and Law Reform (Case C-127/08), EU:C:2008:449, [2008] ECR I-6241, 25 July 2008
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Janko Rottmann v Freistaadt Bayern (Case C-135/08), EU:C:2010:104, [2010] ECR I-1449, 2 March 2010
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Janko Rottmann v Freistaadt Bayern (Case C-135/08), EU:C:2010:104, [2010] ECR I-1449, 2 March 2010. The document also includes supporting commentary from author Noreen O'Meara.
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Gerardo Ruiz Zambrano v Office national de l’emploi (Case C-34/09), EU:C:2011:124, [2011] ECR I-1177, 8 March 2011
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Gerardo Ruiz Zambrano v Office national de l’emploi (Case C-34/09), EU:C:2011:124, [2011] ECR I-1177, 8 March 2011. The document also includes supporting commentary from author Noreen O'Meara.
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Tjebbes and others v Minister van Buitenlandse Zaken (Case C-221/17), EU:C:2019:189, 12 March 2019
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tjebbes and others v Minister van Buitenlandse Zaken (Case C-221/17), EU:C:2010:104, [2010] ECR I-1449, 12 March 2019. The document also includes supporting commentary from author Noreen O'Meara.
Chapter
Blaise Baheten Metock and others v Minister for Justice, Equality and Law Reform (Case C-127/08), EU:C:2008:449, [2008] ECR I-6241, 25 July 2008
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Blaise Baheten Metock and others v Minister for Justice, Equality and Law Reform (Case C-127/08), EU:C:2008:449, [2008] ECR I-6241, 25 July 2008. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Janko Rottmann v Freistaadt Bayern (Case C-135/08), EU:C:2010:104, [2010] ECR I-1449, 2 March 2010
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Janko Rottmann v Freistaadt Bayern (Case C-135/08), EU:C:2010:104, [2010] ECR I-1449, 2 March 2010. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Gerardo Ruiz Zambrano v Office national de l’emploi (Case C-34/09), EU:C:2011:124, [2011] ECR I-1177, 8 March 2011
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Gerardo Ruiz Zambrano v Office national de l’emploi (Case C-34/09), EU:C:2011:124, [2011] ECR I-1177, 8 March 2011. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Tjebbes and others v Minister van Buitenlandse Zaken (Case C-221/17), EU:C:2019:189, 12 March 2019
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tjebbes and others v Minister van Buitenlandse Zaken (Case C-221/17), EU:C:2010:104, [2010] ECR I-1449, 12 March 2019. The document also includes supporting commentary from author Noreen O’Meara.
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6. Free movement of persons
Matthew J. Homewood and Clare Smith
This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active: workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.
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7. The Free Movement of Persons
The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the free movement of persons in the EU. The area of law straddles three main subdivisions, comprising the free movement of workers, involving most of the secondary legislation and case law; secondly the freedom of establishment and freedom to provide services; and additionally now, Union citizenship. The chapter includes all types of questions, such as combination essay-type questions, combination problem-type questions, problem questions concerned only with the free movement of workers, an essay-type question concentrating on the free movement of professionals and questions which involve citizenship and wider free movement issues.
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María Martínez Sala v Freistaat Bayern (Case C-85/96), EU:C:1998:217, [1998] ECR I-2691, 12 May 1998
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in María Martínez Sala v Freistaat Bayern (Case C-85/96), EU:C:1998:217, [1998] ECR I-2691, 12 May 1998. The document also includes supporting commentary from author Noreen O'Meara.
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Kunqian Catherine Zhu and Man Lavette Chen v Secretary of State for the Home Department (Case C-200/02), EU:C:2004:639, [2004] ECR I-9925, 19 October 2004
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Kunqian Catherine Zhu and Man Lavette Chen v Secretary of State for the Home Department (Case C-200/02), EU:C:2004:639, [2004] ECR I-9925, 19 October 2004. The document also includes supporting commentary from author Noreen O'Meara.
Chapter
María Martínez Sala v Freistaat Bayern (Case C-85/96), EU:C:1998:217, [1998] ECR I-2691, 12 May 1998
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in María Martínez Sala v Freistaat Bayern (Case C-85/96), EU:C:1998:217, [1998] ECR I-2691, 12 May 1998. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Kunqian Catherine Zhu and Man Lavette Chen v Secretary of State for the Home Department (Case C-200/02), EU:C:2004:639, [2004] ECR I-9925, 19 October 2004
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Kunqian Catherine Zhu and Man Lavette Chen v Secretary of State for the Home Department (Case C-200/02), EU:C:2004:639, [2004] ECR I-9925, 19 October 2004. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court. This case considers the introduction of proportionality as a ground of judicial review beyond human rights and European Union law in the United Kingdom. The relationship between proportionality and Wednesbury unreasonableness is also discussed. The document also includes supporting commentary and questions from author Thomas Webb.
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Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court. This case considers the introduction of proportionality as a ground of judicial review beyond human rights and European Union law in the United Kingdom. The relationship between proportionality and Wednesbury unreasonableness is also discussed. The document also includes supporting commentary and questions from author Thomas Webb.
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24. Citizenship of the European Union
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter reviews EU citizenship law. It considers the rights of free movement and residence of EU citizens, political rights of citizenship, and Directive 2004/38 on the rights of free movement and residence for EU citizens and their families. The status of EU citizenship created by EU law has been criticized on various grounds, including the thinness of the rights created and their economic focus, the conditions to which they are subject, the reinforcement of the distinction between third-country nationals and EU nationals, the limited impact of the new electoral rights, and the reluctant pace of implementation. On the other hand, the legal rights of citizenship have been expanded by the European Court of Justice, even in the face of vocal Member State opposition. The case law in this area continues to develop and the chapter provides a considered evaluation of this difficult body of law. The UK version contains a further section analysing issues concerning EU conceptions of citizenship and the UK post-Brexit.
Chapter
24. Citizenship of the European Union
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter reviews EU citizenship law. It considers the rights of free movement and residence of EU citizens, political rights of citizenship, and Directive 2004/38 on the rights of free movement and residence for EU citizens and their families. The status of EU citizenship created by EU law has been criticized on various grounds, including the thinness of the rights created and their economic focus, the conditions to which they are subject, the reinforcement of the distinction between third-country nationals and EU nationals, the limited impact of the new electoral rights, and the reluctant pace of implementation. On the other hand, the legal rights of citizenship have been expanded by the European Court of Justice, even in the face of vocal Member State opposition. The case law in this area continues to develop and the chapter provides a considered evaluation of this difficult body of law. The UK version contains a further section analysing issues concerning EU conceptions of citizenship and the UK post-Brexit.
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12. Free movement of persons and services and freedom of establishment
This chapter examines the free movement of workers, family members and non-active persons and freedom of establishment, and places this within the framework of citizenship of the European Union. The free movement of workers is one of the original four freedoms in the Treaty of Rome establishing the European Economic Community. Free movement of workers was essential for the construction of an internal market, and for several decades the freedom to move within the Community maintained its strict link with economic activity. Free movement has now evolved beyond the economically active with access, for example, to social advantages and rights for family members. This chapter also considers the exceptions to free movement (e.g. the public health and public security exceptions) and special cases of free movement (e.g. sport and lawyers).
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13. Citizenship and free movement rights: beyond economic links
This chapter discusses Union citizenship and free movement of persons rights in the EU for Union citizens and their spouses, partners, children and dependants. It examines the Charter of Fundamental Rights, the European Convention on Human Rights, the Free Movement or Citizenship Directive and the principle of equal treatment. The chapter also considers the facets of Union citizenship and the political dimension of Union citizenship with reference to the European Citizens’ Initiative. It concludes with a discussion on some of the challenges of Union citizenship.
