QUESTION 2
JUAN

Facts Specific to Juan

• Juan is a national of Spain which is a member of EU
• Moved to UK and gets a job as Investment Banker
• Family consisting of wife who is a foreigner, and two kids, both nationals of Member State by birth, joins Juan.
• Juan quits his job and settles in non EU country.

As per Article 17 European Community, any person who holds Nationality of a Member State shall be the Citizen of the Union. Union citizenship is destined to be the fundamental status of nationals of the Member States . This right is conferred directly on every Citizen of the Union by a clear and precise provision of the EC Treaty. Purely as a national of a Member State, and consequently a citizen of the Union. Thus Juan holds Union Citizenship as he is a national of a Member State ie Spain.

And Article 18(1) EC provides that every citizen of the Union is to have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the EC Treaty and by the measures adopted to give it effect. As far as the limitations and conditions are concerned, the ECJ in Baumbast held that “However, the application of the limitations and conditions acknowledged in Article 18(1) EC in respect of the exercise of that right of residence is subject to judicial review. Consequently, any limitations and conditions imposed on that right do not prevent the provisions of Article 18(1) EC from conferring on individuals rights which are enforceable by them and which the national courts must protect . Thus Juan, because of his nationality in a Member State, has the right to move and reside freely within the territory of any Member State.

Now Juan has changed

PRACTICE ESSAY QUESTION:&nbsp; &nbsp;Recommended Time–60 Minutes....

PRACTICE ESSAY QUESTION: Recommended Time–60 Minutes....