EU Migration

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The problem question does not state if Roger is a citizen of any EU country or if he is a British national. Therefore the answer to my problem question will only be an assumption that he is a British national. Even though my assumption will be regarding him as a British national, either way the law and rules that apply in the EU is the same for all EU Member state.

The problem questions concerns the status and the rights accorded to the migrant European Union national in the host state. It concerns the status of a worker and family under European Union law together with the application of the principle of discrimination and the right to equal treatment.

The Union citizenship was finally formally introduced into the European Union (EU) by the Maastricht treaty in 1992 in an effort to bring the Union closer to the people. Throughout the problem question it will be seen as to the extent to which the introduction of citizenship into the EU legal framework actually adds concrete rights to EU citizens or whether it is of symbolic importance only.

Article 20 states that each individual who is a national of a Member State is also automatically an EU citizen. Article 21 grants free movement rights to all EU citizens within the limit of the treaty and secondary legislation. The free movement rights of economically active citizens are well established under Article 45 Treaty on the Functioning of the European Union (TFEU). The principle of EU citizenship is often used in conjunction with the principle of equal treatment now enshrined in Article 18 TFEU to ensure that there is no discrimination between nationals of a host state and EU national migrants.

(1) Roger is a British national, which means he is a citizen of the EU therefore, ...

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Storey, T. and Turner, C (2011) Unlocking EU Law , (3rd edition). Chapter 12

Barnard, C. (2007) the substantive Law of the EU: the four freedoms (2nd edition). Chapter 12

John Fairhurst, (2010) Law of the European Union, (8th edition). Chapter 12

Foster, N. (2009) foster on EU Law (2nd edition) .Chapter 7


Adinolfi, A. Free movement of and access to work of citizens of the new Member of States: the transitional measures (2006) 43 CML Rev 469

Harlow, C. and Rawlings, R, ‘Accountability and Law Enforcement: The centralised EU infringement procedure’ (2006) 31 EL Rev 447.

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