Briefing - Right to return and dual EU citizens in free movement case law - 07-11-2024
Every citizen of the Union has the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the EU Treaties. The Free Movement Directive (Directive 2004/38/EC), which sets out the conditions for exercising the right of free movement in the EU, only applies to EU citizens and their family members if they reside in a Member State of which they are not a national. There are, however, cases where this directive is still applicable by analogy through Article 21 TFEU (EU citizenship) in a Member State of nationality. This comes through the case law of the Court of Justice of the European Union (CJEU). There are two main categories of persons to whom the directive is applicable by analogy through Article 21 TFEU: (1) returners, meaning EU citizens who have made use of the right of free movement by residing in a Member State of which they do not have the nationality and move (return) to a Member State where they are a national; and (2) mobile dual EU citizens, meaning persons who have the nationality of more than one Member State and who have made use of their right of free movement. This briefing explains how the case law is applicable and sheds light on issues that remain unclear and which can have major repercussions on the interpretation of EU law. It should be read in conjunction with a previous briefing published by EPRS in 2024 which provides an overview of the free movement of EU citizens and their family members.
Source : © European Union, 2024 - EP