The Scope of Article 12 EC: Some Remarks on the Influence of European Citizenship |
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| Authors: | Astrid Epiney |
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| Affiliation: | Professor of European Law, Public International Law and Swiss Public Law, European Law Institute, University of Fribourg (Switzerland) |
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| Abstract: | Abstract: According to European Court of Justice (ECJ) case-law, the scope of application of the EC Treaty is engaged under the following conditions when the free movement of persons has been established: a cross-border connection is given; the Union citizen concerned resides legally in the host Member State; and the measure in question or the regulation has a connection with the residence or facilitates it. This condition will regularly be fulfilled since nearly every (national) regulation has a direct or indirect effect on the stay. A general link to primary or secondary law is, on the other hand, not necessary. Secondary law, however, can be significant in connection with the lawful residence. Even if partly vehement critiques have been formulated against this approach of the ECJ, it is convincing with regard to the aim of guaranteeing the free movement to European citizens. |
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