How Does EU Law Apply to Free Movement of Persons?

Question from neal, How Does EU Law Apply to Free Movement of Persons?

Answer from AI:

Scenario 1: Lily and Alvaro’s Rights of Residence in France

Lily, a Dutch national, and her Cuban partner Alvaro are planning to move to France. Under European Union (EU) law, specifically the Treaty on the Functioning of the European Union (TFEU), Lily has the right to move and reside freely within the territory of the Member States (Article 21 TFEU). This right extends to her family members, including Alvaro, even though he is not an EU citizen.

Rights of Residence for Family Members

According to Directive 2004/38/EC (the “Free Movement Directive”), family members of an EU citizen have the right to accompany or join the EU citizen in another Member State. This includes:

• Spouses or registered partners
• Direct descendants under the age of 21 or who are dependents
• Dependent direct relatives in the ascending line

Since Alvaro is planning to marry Lily, he will be considered her spouse and thus will have the right to reside in France with her.

Alvaro’s Right to Re-train in France

Alvaro, as the spouse of an EU citizen, has the right to access education and vocational training in France under the same conditions as French nationals. This is supported by Article 24 of Directive 2004/38/EC, which ensures equal treatment for family members of EU citizens. Therefore, Alvaro is entitled to enroll in the wine waiter courses at the Paris college.

Scenario 2: Mikel’s Right to Study in France

Lily’s son, Mikel, is also a Dutch national and thus an EU citizen. Under EU law, Mikel has the right to move and reside freely within the EU, including the right to access education in another Member State.

Impact of Criminal Conviction

However, the right to free movement is not absolute and can be restricted on grounds of public policy, public security, or public health (Article 27 of Directive 2004/38/EC). The case of **41/74 Van Duyn v Home Office** established that Member States could restrict entry on these grounds, but such measures must be proportionate and based on the individual’s personal conduct.

If Mikel is convicted of criminal damage, French authorities could potentially refuse his entry on public policy grounds. However, any decision to refuse entry must be based on a genuine, present, and sufficiently serious threat affecting one of the fundamental interests of society.

Steps to Take

Lily should:

1. Consult with a legal professional to understand the specific implications of Mikel’s situation.
2. Gather evidence of Mikel’s rehabilitation efforts and any mitigating circumstances.
3. Prepare to demonstrate that Mikel does not pose a genuine, present, and sufficiently serious threat to public policy.

Consulting Legal Professionals

Given the complexities of EU law and the potential impact of criminal convictions on free movement rights, it is crucial to seek personalized legal advice. Legal professionals can provide tailored guidance and help navigate the specific legal requirements and procedures.

For more detailed information, you can refer to the [Free Movement Directive](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32004L0038) and the [Treaty on the Functioning of the European Union](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A12012E%2FTXT).

Remember, while this information provides a general overview, individual circumstances can vary significantly, and professional legal advice is always recommended.