Journal article

Publication details

The Scope of Article 12 EC: Some Remarks on the Influence of European Citizenship
in journal: European Law Journal

Appears in this special issue:
Special Issue on EU Citizenship

Volume number: 13
Issue number: 5
Release year: 2007
Page range: 611-622

Author(s) details

Astrid Epiney

Publication description

citizenship, free movement, residence, regulation, primary law, secondary law
According to European Court of Justice (ECJ) case-law, the scope of application of the EC Treaty is engaged under the following conditions when the free movement of persons has been established: a cross-border connection is given; the Union citizen concerned resides legally in the host Member State; and the measure in question or the regulation has a connection with the residence or facilitates it. This condition will regularly be fulfilled since nearly every (national) regulation has a direct or indirect effect on the stay. A general link to primary or secondary law is, on the other hand, not necessary. Secondary law, however, can be significant in connection with the lawful residence. Even if partly vehement critiques have been formulated against this approach of the ECJ, it is convincing with regard to the aim of guaranteeing the free movement to European citizens.