How to get 2004/38/EC rights for own nationals

[acme4242]

There are a few options that can help own citizens benefit from EU directive 2004/38/EC and get around reverse discrimination.
It involves establishing a link of some sort with another EU state.
Perhaps the most well known route, is "Surinder Singh" but
there other routes that people might not be aware about.



1) If you have dual EU citizenship, simple as that, no other requirements. read here http://www.eucaselaw.info/case-c-14802- ... -02102003/ and see ECJ Case C-148/02 Carlos Garcia Avello v Belgium
You do not need to have exercise freedom of movement by living in the other EU state

2) If you have the citizenship of another EU state, even if you never lived in your "native" country read here http://www.eucaselaw.info/zhu-and-chen-2004/ and see ECJ Case C-200/02 Chen v UK
You do not need to have exercise freedom of movement by living in the other EU state


3) If you have exercised a treaty right (employed, self-employed, student, or self-sufficent) in another EU state before returning home.see ECJ Case C-370/90 Surinder Singh v UK
You must have lived in another EU state, the ECJ court did not say how long. But some states such as UK decided by themselves it must be 6 months.

4) Have any business interest in another EU state that requires you to travel to other EU states. read more here http://www.eucaselaw.info/mary-carpenter-2002/ and see ECJ Case C-60/00 Carpenter v UK
You need to travel to another EU state for business trips. But you do not need to live there
EDIT: After reading the Judgment again, actually the Carpenter family did not win EU treaty rights, but won on the basis of Article 8 ECHR.

From the view of the EU, EU laws and rights stop short of purely internal national situations. From the view of the Nation, they can apply EU rights to own citizens in internal situations if they wish. When the Nation decides no, and treats their own citizens worse than other EU citizens, we have reverse discrimination

[Directive/2004/38/EC]

I would certainly not call these "loop holes". They are clear rulings from the ECJ meant to ensure European citizens can realistically exercise their treaty rights in moving to another EU member state. If it is hard or impossible to move back to your original member state because your family members have reduced mobility, then you are likely not to move in the first place.

[acme4242]

Perhaps I should have used the word "exceptions", they are legal routes that own nationals can avail of 2004/38/EC rights when faced with reverse discrimination from their own state.

I just want to list the options that exist.

Surinder Singh is not the only route, the Mary Carpenter is less known but exists.

Having knowledge that you don't need to have lived in another EU state to benefit from EU treaty rights may help some with dual EU Citizenship entitlements.

[Ben]

ECJ Case C-60/00 Carpenter v UK
You need to travel to another EU state for business trips. But you do not need to live there

Business trips?

"..providing services to persons established in other Member States" is the actual wording. Providing a service is not the same as merely going on "business trips".

[acme4242]

ECJ Case C-60/00 Carpenter v UK
You need to travel to another EU state for business trips. But you do not need to live there

Business trips?

"..providing services to persons established in other Member States" is the actual wording. Providing a service is not the same as merely going on "business trips".

providing services in this context is wider than just manual labour
it also includes necessary business trips for face to face meetings


OPINION OF ADVOCATE GENERAL

Mr Carpenter operates as sole owner an undertaking which sells advertisements in periodicals and offers the editors of those periodicals various services in connection with administration and publication of advertisements. The undertaking is established in the United Kingdom, as are some of its customers. A substantial part of the undertaking's business is, however, conducted with customers established in other Member States. In addition, Mr Carpenter attends meetings for business purposes in other Member States. The undertaking, whose success depends on the direct personal input of Mr Carpenter, has four full-time employees. From 1996 to 1998 its net profit more than doubled. Mr Carpenter attributes this to his wife, who relieved him in caring for the children.