A. The People's Europe
A Freedom not uniquely economic:
To Travel and Migrate (U.S. terms), independent of specific economic activity -
essential rights of citizens of an individual state, including a federal one
like the U.S., also important economically but not only for that reason (
cf. goods, workers, entrepreneurs, capital)
· Legislation before Maastricht
("The Peoples' Europe Program")
- extension of Right of
Residence (already held by workers and self-employed persons pursuant to
4 Freedoms) to all nationals of other MS, retired or disabled persons,
students, and families of the above
- Condition:
financial self-sufficiency in relation to social services in host country
(cf. USSCt cases on right of interstate
migration)
- 1991 Weapons Directive
- 1991: Mutual recognition of
driving licenses, common minimum standards
- 1995: data privacy directive
B. European Citizenship
- Maastricht and "European
Citizenship" incorporates the above agenda (TEC arts. 17-22)
- 1993-4: voting and candidacy
rights of other-MS nationals, based on residence, in two levels of
election: EP and municipal where one resides
- General principle of
non-discrimination based on nationality, art. 12
- SALA V. FREISTAAT
BAYERN, p. 635 (1998)
- BICKEL AND FRANZ, p.
636 (1998)
- BAUMBAST AND R., Supp. p. 160
(2002): scope of right of residence under Art. 18 – what specifically is
the limitation that the UK
tribunal thought might apply?
C. Students, Education and Culture
- Treaty provisions and
legislation
- Art. 150 (ex art.
128): common vocational education policy
- Regulation 1612/68
on free movement of workers (DocSupp p. 335)
- No common policy on education
generally, Art. 149 calls for supportive action
1. Student Access to Higher
Education
· What counts as "vocational"
within art. 128?
- "strip
cartoon art"? GRAVIER, p. 638 (1985)
- university
education? BLAIZOT, p. 640 (1988)
- cf. VLANDIS V. KLINE,
p. 641 (U.S.
1973): can a state deny resident status to a student for education
purposes, despite her otherwise effective change of residence?
· What forms of discrimination are
forbidden by art. 12?
- access
(enrollment) fees for foreign students only? GRAVIER and BLAIZOT
- financial
support for host-country nationals only? Lair (1988), cited n. 3 p. 643
- tuition support:
follows from Gravier
- living
expenses: not covered by art. 128, but
- covered
for "workers" by Reg. 1612/68, art. 7 ("social
advantage")
- "worker"
includes those who have been employed but are no longer
2. Education, Vocational Training and Culture
- Erasmus (1987),
Tempus (1990), Lingua (1989), Leonardo da Vinci
(1994), Socrates (1995- )
- Directive on Return
of Cultural Objects (1993)
D. Free Movement and Border Controls
- Schengen Accord 1985- (now referred to as "Schengen Aquis"),
on border checks, visas, and registry of criminals, terrorists and drug
traffickers -- who are the holdouts? N. 3 p. 648
- Art. 14 (four freedoms)
- Draft Directive 1995
· WIJSENBEEK, p. 646 (1999):
· does Art. 14 have direct effect as of
12/31/92?
· does Art. 18 apply, as to an MS
national, to eliminate border controls? How does the citizen's status get
proven?
E. Toward an Area of "Freedom, Security and
Justice"
· Treaty of Amsterdam (1999): New Title
IV TEC, arts.61-69 on Schengen Aquis with 5-year transition period; primarily:
· eliminate internal, create common
external border controls; harmonize visa rules
· selectively harmonize asylum, refugee
and displaced-person rules, immigration policy, rights of residence for 3rd-
country nationals
· except: MS control law/order and
internal security; UK,
Ire. and Den. opt-outs
· reference to ECJ for preliminary
rulings: only last-resort courts and tribunals