Question on EU Treaty Rights

RADIUS

Hi folks. I have a few questions regarding EU Treaty Rights. Maybe someone here could shed a little light on them.

If a person is living in NI but working in the Republic, and that person is a citizen of the Republic, are they exercising their EU Treaty Rights?

From what I understand a person needs to be resident in an EU country other than their own and doing one of the following: Employed there, A job-seeker (I assume on a job-seekers allowance) or economically self sufficient.

Which of these categories, if any, would a person who resides in the North and works in the Republic place themselves in?

Or are they in fact not exercising their treaty rights at all?

Thanks

ResearchWill

RADIUS wrote: »

Hi folks. I have a few questions regarding EU Treaty Rights. Maybe someone here could shed a little light on them.

If a person is living in NI but working in the Republic, and that person is a citizen of the Republic, are they exercising their EU Treaty Rights?

From what I understand a person needs to be resident in an EU country other than their own and doing one of the following: Employed there, A job-seeker (I assume on a job-seekers allowance) or economically self sufficient.

Which of these categories, if any, would a person who resides in the North and works in the Republic place themselves in?

Or are they in fact not exercising their treaty rights at all?


Thanks

Interesting, the person is ROI living in NI but working in ROI, so are they exercising treaty rights, at a guess (and its really a guess) I don't thing the person is exercising treaty rights, the rights as you point out are economic rights relating to the free movement of workers, as the person is working in his own country I'm not sure EU rights would attach. But in saying that as the idea of EU citizenship evolves the courts may change that.

There is a EU case where a English/Irish girl that is born in UK of Irish Parents was not exercising treaty rights as she could not invoke her irish citizenship, and she had not exercised treaty rights by moving and residing anywhere other than the UK.

http://www.emn.ie/cat_search_detail.jsp?clog=6&itemID=336

So my gut is no but the ECJ may say yes.

But on the other hand if residing in NI and having sufficient resources (income from work in ROI) do they satisfy (b)

(a) are workers or self-employed persons in the host Member State; or

(b) have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State; or

I am not aware of any case law on that issue but I will look. Worth looking here at the Dereci case http://eutopialaw.com/2011/11/17/case-summary-and-comment-case-c-25611-dereci-and-others-v-bundesministerium-fur-inneres/

"The Court emphasises in para. 66 that for the test to be satisfied, the Union citizen must be in a situation where he ‘has, in fact, to leave not only the territory of the Member State of which he is a national but also the territory of the Union as a whole’. This statement seems to suggest that a European Union citizen who has the option to reside with his family member within a second Member State will not satisfy the condition of deprivation of genuine enjoyment. This would, however, render the Ruiz Zambrano test meaningless in its application to non-minor EU citizens that can independently exercise a right of movement within the Union: Member States are prohibited from applying immigration control to third country national family members of migrant EU citizens following the decision of the Court in Metock, and thus all Union citizens capable of exercising their right to free movement have the option to reside with their family members in a second Member State."

So if a person could show that EU citizenship rights are infringed by say a refusal of the UK to allow your non EEA partner to reside with you and as you are residing in NI the ROI can't give you residency for your partner and if you can show the only option may be to leave the EU then maybe a good argument could be made.

RADIUS

I am thinking along those lines. I wonder though, what constitutes working? If that person got a part time job in NI (example: one night a week) but continued to work full time in ROI would they then be exercising their EU Treaty Rights?

EDIT:

Just saw your edit

ResearchWill wrote: »

But on the other hand if residing in NI and having sufficient resources (income from work in ROI) do they satisfy (b)

(a) are workers or self-employed persons in the host Member State; or

(b) have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State; or

I am not aware of any case law on that issue but I will look.

That's exactly the grey area that led me to ask these questions.

Would working in ROI allow that person to be self sufficient in UK?

I suppose it would but how would one even go about demonstrating that fact if they moved back to ROI in the future and wanted to invoke their acquired treaty rights?