RSIEAblog

by Catherine Warin

Blog droit européen just launched its “Note d’actualité” on the law of the Internal Market.

The first Note d’actualité focuses on the free movement of EU citizens. In 2016 the EU citizenship, which Judge Marc Jaeger has aptly characterised as “citoyenneté de mouvement”[1] (movement citizenship), has further developed its effects beyond a purely economic rationale. In line with its earlier case law, the Court has been careful to protect the useful effect of Articles 20 and 21 TFEU. This concern is particularly important in the rulings on the right of residence of third country nationals who are members of the family of an EU citizen, and on the protection of extradition of EU citizens towards third countries. The Court however allows for limitations to the rights derived from the EU citizenship (always in accordance with the proportionality principle), especially where the financial resources of Member States or their domestic constitutional principles are directly at stake.

The Note d’actualité (in French) includes commentaries of the following rulings:

Consolidation of the case law on the right of residence of third country nationals who are family members of EU citizens:

– Judgment of 13 September 2016, CS, C-304/14, EU:C:2016:674

– Judgment of 13 September 2016, Rendón Marín, C-165/14, EU:C:2016:675

– Judgment of 30 June 2016, NA, C-115/15, EU:C:2016:487

The limits of social solidarity for EU citizens exercising their right of free movement:

– Judgment of 25 February 2016, García-Nieto and others, C-299/14, EU:C:2016:114

– Judgment of 2 June 2016, Commission v Pays-Bas, C-233/14, EU:C:2016:396

The limits to the protection of the identity of the EU citizens exercising their right of free movement:

Judgment of 2 June 2016, Bogendorff von Wolffersdorff, C-438/14, EU:C:2016:401

The protection against extradition for EU citizens exercising their right of free movement:

Judgment of 6 September 2016, Petruhhin, EU:C:2016:630

The PDF is available here.

 

[1] Judge Marc Jaeger, “Keynote Speech”, Conference “EU Citizenship and Justice”, 14-15 September 2015, CJEU.

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