European Union Citizenship Q&A
The European Union Citizenship Questions and Answers series provides optimal preparation for addressing test questions. This collection of EU law notes examines questions and answers related to European Union citizenship, as well as the developing concept of European Union citizenship itself.
Problem Question One
Jack leaves the UK to go to Germany to stay with his German girlfriend, Iris. Iris, though a student, has enough money to support Jack and herself. Jack has taken up a job at a fast-food restaurant as he has been advised that he needs to do some work to have the right to stay in Germany. He works as little as possible and on average two periods a week while Iris is at college. Jack's brother, Kevin, a football fanatic, has come to stay with them and intends to go to a few football matches in Germany. Kevin's girlfriend Alice was prevented by UK authorities from leaving the UK with him based on a conviction for an assault at a football match earlier in the year. Jack attends a party with Iris, and there they smoke, with others, a substance banned under German law. The police raid the party and arrest a few people including Jack and Iris. All are charged with an offence under German law that can lead to one year in prison. Jack is also subject to action by the authorities for an order to deport him. Kevin has received a letter from the authorities telling him that he must leave Germany immediately as it appears that he is not working and there are concerns that being an English football fan he may ignite trouble at football matches if he were to attend.
Advise Jack, Kevin, and Alice of any rights that they have under EU law.
Problem Question Two
Mary was born in London of British and Romanian parents and obtained both British and Romanian citizenship at her birth in 2004. She was registered with the Romanian authorities, but she never held a passport or an identity card. After Brexit, in 2023, Mary decided to enrol in the University of Amsterdam, in the Netherlands, to read law. As a British national, she is asked to pay triple the fees normally paid by Dutch citizens. She also applies for a part-time librarian assistant position at the library of the University, but she is rejected as non-EU nationals need to apply for a specific work permit before being eligible for any job in the Netherlands. Mary decides to ask for a Romanian passport to take advantage of her EU citizenship, but Romanian authorities tell her that, as of July 2022, her Romanian citizenship was withdrawn. According to Romanian law, citizenship is withdrawn if individuals do not apply for a passport or an identity card before they turn eighteen years old. Mary wants to know whether EU citizenship law might be of any help to her case.
Advise Mary.
Essay Question Two
‘The case law of the Court of Justice of the European Union on citizenship straddles between a very narrow reading of rights based on secondary legislation (such as the Citizenship Directive 2004/38) and a wider and more inclusive interpretation based instead on the Treaty.’
Discuss.
