Ch. 16. EUROPEAN CITIZENSHIP AND THE FREE MOVEMENT OF PERSONS

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")

• 1990 directives:
• 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

• TEU and "European Citizenship" incorporates the above agenda (arts. 17-22 (ex 8-8e))
• 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 (ex 6)
• SALA V. FREISTAAT BAYERN, p. 635 (1998)
• BICKEL AND FRANZ, p. 636 (1998)

C. Students, Education and Culture

• Treaty provisions and legislation
• ex art. 128: common vocational education policy
• Regulation 1612/68 on free movement of workers (DocSupp p. 335)

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)

What forms of discrimination are forbidden by art. 12 (ex 6, formerly 7)?

• access (enrollment) fees for foreign students only? GRAVIER and BLAIZOT
• financial support for host-country nationals only? LAIR, p. 618 (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 (ex 7a)

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.60-69 (ex arts. 73i-73p), 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