Rights and Restrictions of EU Citizens within the Freedom of Movement of Persons

AuthorDiana Duca - Gabriel Gurita
PositionLawyer, Bucharest Bar, Romania - Lawyer, Galati Bar, Romania
Legal Sciences in the New Millennium
Rights and Restrictions of EU Citizens within the Freedom
of Movement of Persons
Diana Duca
1, Gabriel Guri2
Abstract: This Paper aims at presenting the risks and advantages of being a citizen of the European Union
Member State/s, with respect to the Freedom of Movement of Persons, with focus on the Principle of Equality
and Anti- Discrimination, as enshrined by the Treaties and other incident legislative acts, at first, and then as
applied by the European Court of Justice via its established case law. Moreover, the two indicated Prin ciples
are qu intessential when it comes to the rights pertaining to EU citizens, and therefore other Freedoms are
interpreted in the light of Equality and Anti- Discrimination, e.g. Services, Capital etc. Regardless if one is a
worker, a student or just someone who wishes to exercise his/her rights as an EU citizen in other capacities, it
is highly desirable to understand the rationale behind those rights/freedoms.
Keywords: EU Law; students; workers; EU citizenship; equality; discrimination on grounds of na tionality;
ECJ Case- Law
1. Preliminary Remarks
When an EU citizen wishes to study/work abroad, awareness must be provided in relation to the
conditions imposed by the National Authorities of the host Member State. As a consequence of the
shared competences between Member States and European Union, except for the areas where the
European Union has exclusiveness, National Authorities may impose different conditions which are to
be met when a citizen of the EU wants to access another EU Member State territory. In this regard,
this article will present two of the Landmark ECJ Cases, in order to have a peer outlook on the rights
and obligations conferred by the EU citizenship. The Author trusts that having examples that explain
the admission process and the residence criteria, along with the correspondent restrictions, the Reader,
will better understand why it is beneficial, or not, to be a part of the European Union.
2. Ruling of the European Court of Justice (Grand Chamber), of March 15, 2005 in Case
C-209/03, The Queen, on the application of Dany Bidar v London Borough of Ealing and
Secretary of State for Education and Skills, ECR I-021193
A. Facts
In August 1998 Mr Bidar, a French national, entered the territory of the United Kingdom,
accompanying his mother who was to undergo medical treatment there. Of course, they lived together,
1Lawyer, Bucharest Bar, Romania, Address: 10 Soldat Iosif Ion Str., Bucharest, Romania, Tel.: +4076636191, Corresponding
author: diana.l.duca@gmail.com.
2 Lawyer, Galati Bar, Romania, Address: 157 Brailei Str., bl.A7, ap. 8, Galati, Romania, Tel.: +40723293112, E-mail:
3 www.duca-llm.ro.

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