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CURRENT DEVELOPMENTS: II. The Free Movement of Persons
Published online by Cambridge University Press: 17 January 2008
Abstract
There has been much activity since the last report on this topic,1 not least that the citizenship provisions of the Treaty have burst into life with a series of cases and proposals which threaten to overturn the old order. The Commission's initial proposal2 to consolidate and radically reshape rights of residence has been revised in the legislative process,3 but is still un-adopted; the cases though are more dramatic.
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- Copyright © British Institute of International and Comparative Law 2004
References
1 Lonbay, J ‘The free movement of persons’ (2001) 50 ICLQ 168.CrossRefGoogle Scholar
2 COM(2001) 257 Proposal for a European Parliament and Council Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.Google Scholar
3 COM(2003) 199 final; Amended proposal for a Directive of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (presented by the Commission pursuant to Art 250 (2) of the EC Treaty).Google Scholar
4 Case C-184/99 Rudy Grzelczyk v Centre public d'aide sociale d'Ottignies-Louvain-la-Neuve, [2001] ECR 1–6193. Under Art 1 of Council Directive 93/96 on the right of residence for students (OJ [1993] L317/59) entry is gained only by those students with, inter alia, ‘sufficient resources’ (Article 1). The Court found that the condition was exercised on entry and that later penury should not result in ‘automatic consequences’ or withdrawal of the offending student's residence permit (paras 42–43) which should happen only if they posed ‘unreasonable burdens’ on the State (para 44).Google Scholar
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9 Case C-413/99 Baumbast v Secretary of State for the Home Department [2002] ECR 1–7091, para 84.Google Scholar
10 OJ, English Special Edition 1968 (II) 475.Google Scholar
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38 Above n 31, paras 65 and 66.Google Scholar
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45 JORF, 13 Mar 2000.Google Scholar
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47 Above n 44, para 52.Google Scholar
48 Ibid, paras 71–8.
49 Ibid, para 91.
50 Ibid, para 92.
51 Ibid, para 96. The Court relied upon the oft-cited case ofKraus (Case C-19/92 [1993] ECR 1–1663) which indicated that ‘any national measure which although applicable without discrimination on grounds of nationality, is liable to hamper or render less attractive the exercise by a national of a Member State the freedom of movement of workers, is an obstacle to that fundamental freedom guaranteed by the Treaty’.
52 Ibid, para 99.
53 Ibid, para 100.
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56 Ibid, para 110.
57 Ibid, para 111.