Citizenship of the Eu

Chapter 22

CITIZENSHIP OF THE EU

Question 1

Which of the following is correct?

EU citizenship is granted to:

a. All persons residing within the territory of the EU

b. All nationals of the Member States but only if they reside within the EU

c. All nationals of the Member States irrespective of whether they reside within the EU or in countries outside the EU.

a. This is an incorrect answer. EU citizenship is based on nationality of a MemberState. Article 20(1) 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”. The requirement of nationality of a Member State as a prerequisite of EU citizenship means that nationals of third countries, refugees and stateless persons legally residing in a Member State, do not acquire any rights under Article 20 TFEU.

b. This is an incorrect answer. Article 20(1) TFEU clearly states that that all nationals of the Member States are citizens of the EU. Residence within the EU is not required.

c. This is the correct answer. See above.

Question 2

Which of a, b and c below is correct?

In Case C- 413/99 Baumbast and R v Secretary of State for the Home Department, the ECJ held that:

a. Article 21(1) TFEU is directly effective.

b. Some implementing measures are still necessary and therefore in their absence Article 21(1) TFEU is not directly effective.

c. That Article 21(1) TFEU can never be directly effective because its wording lacks the necessary clarity and further because it does not grant rights to individuals.

a. This is the correct answer. In Case C- 413/99 Baumbast and R v Secretary of State for the Home Department, the ECJ, for the first time, explicitly recognised that Article 21(1) TFEU is directly effective.

b. This is an incorrect answer. In this case the ECJ held that the application of the limitations and conditions mentioned in Article 21(1) TFEU in respect of the exercise of the right of residence is subject to judicial review. Accordingly, all limitations and conditions set out in Article 21(1) TFEU must be applied in compliance with EU law and in accordance with the general principles of EU law, in particular the principal of proportionality. The ECJ, having examined the situation of Mr Baumbast in the light of the principle of proportionality, decided that the refusal of the UK to grant Mr Baumbast a residence permit was in breach of that principle.

c. This is an incorrect answer. In fact, the ECJ decided the opposite.

Question 3

Which of a, b and c below is correct?

The right conferred on EU citizens to diplomatic and consular protection means that:

a. An EU national is, in the territory of another Member State of which he is not a national, entitled to the same treatment as nationals of that Member State.

b. An EU national is, in the territory of a third country in which the Member State of which he is a national is not represented, entitled to the diplomatic and consular protection of any Member State, under the same conditions as nationals of that State

c.An EU national is, in the territory of a third country in which the Member State of which he is a national is not represented, entitled to the diplomatic and consular protection of the European Union.

a. This is an incorrect answer. The right of an EU national to be treated, in the territory of another Member State of which he is not a national, in the same manner as nationals of that Member State is based on the principle of non-discrimination embodied in Article 18 TFEU. This is a separate issue from that of diplomatic and consular protection outside the EU.

b. This is the correct answer. This right is granted to EU citizens under Article 23 TFEU.

c. This is an incorrect answer. Measures adopted under Article 23 TFEU are within the exclusive competence of the Member States and thus within the scope of inter-governmental co-operation of the Member States.