Read the CJEU judgment in Diatta and Articles 12

Read the CJEU judgment in Diatta and Articles 12-13 of Directive 2004/38. What protections do these specific EU legislative provisions provide and are they adequate?

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Supplementary questions for Seminar 9 (for self-study only)

 

Free movement rights

 

1)         Read the CJEU judgment in  Diatta  and Articles 12-13 of Directive 2004/38. What protections do these specific EU legislative provisions provide and are they adequate?

 

2)         Read Art.24 of Directive 2004/38 and the CJEU rulings Grzelczyk, Bidar and Förster.  How has the EU addressed the issue of migrant student access to grants?

 

 

Non-discrimination

 

2)         With reference to CJEU case-law, assess the impact of Art 18 TFEU (which prohibits discrimination on grounds of nationality) in conjunction with EU citizenship.

 

 

Constitutional aspects of EU Citizenship

 

2)         i) Should EU citizenship be conferred solely on persons having the nationality of a

MemberState? Why?

 

ii) To what extent is the determination of who is an EU Citizen ultimately dependent upon the nationality laws of EU Member States? Consider in particular the cases of Micheletti and Rottmann.

 

4)         Has EU citizenship contributed to a (nascent?) European identity and a European demos?

 

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