Abstract
This chapter examines the European Union (EU) law concerning citizenship and the right of residence and free movement. It suggests that while citizenship provides a broad framework of rights, it is important to recognise the higher level of protection awarded to the economically active under Articles 45 (workers), 49 (establishment) and 56 (services) of the Treaty on the Functioning of the European Union (TFEU). The chapter also considers the link between migration and the rights claimed, and highlights the underlying concerns about the abuse of Union law rights. The chapter highlights the latest contribution of the CJ in relation to the interpretation of the Citizens’ Rights Directive (Directive 2004/38/EC). It also considers the position of third-country nationals (who are family members or dependents of an EU national) and students.
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