The Austrian Government is very nervous about this and took emergency action by, arguably, suspending free movement provisions – if only briefly. This judgment is highly problematic for Germany because it has not transposed the rights for partners into national law. 3. In order to qualify as a family member of a British citizen, the applicant must either be the spouse or civil partner of the British national. The Austrians were taking no chances. Both countries are also part of the Schengen Agreement (from which the UK opted out whilst in the EU) which allows visa free travel between participating states. Article 21(2) TFEU gives the legal basis for the EU legislator 'to adopt provisions with a view to facilitating the exercise' of the right ‘to move and reside freely within the territory of the Member States’. This provision has been enumerated as right to freedom of movement and right to residence under … (ex Article 13 TEC) Article 20. Tag: Article 21(1) TFEU Cases C-456/12 O. and B. and C-457/12 S. and G.: Clarifying the inter-state requirement for EU citizens? In 2009, Geert Wilders, the far right Dutch politician was refused entry to the UK because the British Government argued that his presence in the country could undermine public safety by harming race and cross-community relationships. 2. Wilders had made a short film, Fitna, which was highly critical of Islam. Article 17. Tag: Article 21 TFEU. Underpinning the rights of free movement for individuals which are contained in primary legislation (the European Treaties) and decisions of the CJEU is the Citizens’ Directive (Directive 2004/38). Title 4 - Provisions on enhanced cooperation (Article 20) ... Chapter 1 - General provisions on the Union's external action (Articles 21-22) Chapter 2 - Specific provisions on the common foreign and security policy (Articles 23-46) Title 6 - Final provisions (Articles 47-55) Treaty on … Article 18 of the TFEU prohibits discrimination on the grounds of nationality (see Case 197/84 Steinhauser v City of Biarritz). The recent developments in EU citizenship have been admittedly fairly quiet in comparison to the uproar after the ever controversial Zambrano case where the interpretation of citizenship provisions under Article 21 TFEU went astray. It notes that the directive relates specifically to the partner with whom the EU citizen has a durable relationship and provides that the host Member State must facilitate entry and residence for that partner. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited. Every citizen of the Union shall 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 Treaties and by the measures adopted to give them effect. As Article 20 of the Treaty on the Functioning of the European Union (TFEU) which establishes the concept of citizenship states: “Citizenship of the Union is hereby established. Not if you’re Italian or someone travelling across the Austro-Italian frontier last weekend. Article 221 . Title 4 - Provisions on enhanced cooperation (Article 20) ... Chapter 1 - General provisions on the Union's external action (Articles 21-22) Chapter 2 - Specific provisions on the common foreign and security policy (Articles 23-46) Title 6 - Final provisions (Articles 47-55) Treaty on … The Court of Justice of the European Union decided on 12 July 2018 in the case C-89/17 that a Member State must facilitate the entry and residence of the non-EU partner with whom an EU citizen has a durable relationship. Article 21 TFEU declares in the following terms: “ Every citizen of the [European] Union shall 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 Treaties and by the measures adopted to give them effect .” Directive 2004/38 (Articles 4-14) also updated the older Directive 1612/68 (Articles 1-5) which guaranteed equal treatment and non-discrimination in employment to EU nationals residing and working in another member state. Every citizen of the Union shall 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 Treaties and by the measures adopted to give them effect. These freedom of movement provisions would be meaningless and ineffective if EU citizens faced discrimination on the grounds of their nationality in the host member state.