European alia: (a) the right to move and reside

European Union law was
originally only concerned with the free movement of people who were actively
economic and provided the direct freedom of movement for those who were workers
and self-employed (EU TEXTBOOK). However, since the 1970s European citizens have challenged the European Court
of Justice to try and expand the rules on the freedom of movement in the EU to
allow people to move more freely from member state to member state. As a result
of being challenged the European Court of Justice gradually shifted its policy
from originally only focusing on protecting the free movement of workers to the
free movement of persons. Over time the EU law definition of a “worker” was
also altered to include those in ‘seasonal or short-term employment and
apprenticeship placements in member states’ (blue website). By 1990, the
unemployed, students, pensioners and even their families were granted guaranteed
freedom of movement. This was finalised with the signing of the Maastricht
Treaty in 1992 which established the freedom of movement for anyone who was a
national of a Member State.

The Maastricht Treaty created the European Union and brought
about the idea of a common European Citizenship (blue website). Article 20
paragraph 1 of the TFEU states that ‘Every person holding the nationality of a
Member State shall be a citizen of the Union. Citizenship of the Union shall be
additional to and not replace national citizenship’ (textbook)

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By having citizenship of the European Union an automatic right
stated by Article 20 paragraph 2 is that citizens ‘shall have, inter alia: (a)
the right to move and reside freely within the territory of the Member States,’

Each Member State makes its own rules on what makes someone a
national of their country and once a Member State categorises someone as a
national of their country they are then also automatically citizens of the EU. An
EU citizen has the right to relocate to another country in the EU for up to
three months after that evidence that they can support themselves financially must
be given to allow them to remain in that country. EU students are allowed to
stay in another EU country for the duration of their studies but must also
provide evidence of financial support for their time in education there (GREEN).

The Directive 2004/38/EC of 29th April 2004 Article 2
concerns the rights of citizens and their families to move and reside in EU
countries and EEA member states. EU citizens and their direct family members
are permitted to move to another member state, this includes non-EU spouses and
their direct family members. (GREY). Article 2 also includes descendants, ascendants
and registered partners as family members. A partner will be considered as a
family member providing they have a registered partnership in the home state
which is considered to be an equivalent to marriage by the home state (TEXTBOOK
PG 364).

Regulation 1612/68 which was repealed and replaced by Regulation
492/2011 has been substantial in expanding and supporting free movement.
Article 7 of the Regulation includes access to employment and rights for workers
and more importantly introduces the rights of free movement for the workers’
families as well. The most significant provisions introduced were that non-EU
member state family members also have access to the rights of free movement and
to take up employment or education or vocational training (TEXTBOOK PG 361).

For family members not covered by Article 2 but who, in the
country from which they have come from, are dependent on or members of the
household of the EU citizen have right of entry and residence under Article 3
(Textbook pg 364). ‘Dependency was defined in Case 316/85 Lebon as a factual situation of support provided by the worker’
(Textbook pg 364)

Siblings, cousins and other relatives gain right to entry and
are permitted to reside in the host EU member state if they are dependent on
the worker, or are members of the workers household. Another allowance is if your
personal care is required for their serious health conditions.