AEMI

SOLANGE MASLOWSKI
sion of the fathers of Europe. Likewise,
the questioning on the Schengen agreements
and their non-respect by Member
States, as well as the lack of mutual solidarity
between the Member States in the
refugee crisis, constitute considerable
breaches into the construction of the
European Union. Member States of the
EU seem to seek prosperity and security
in a very individualistic way, forgetting
the values on which the European
Union 37 is based and their obligation of
solidarity 38 . Times of hardship are excellent
opportunities for solidarity, trust in
one another, and respect of fundamental
rights, common vision and confidence
in a nicer future.
Notes
1
2 This article has been supported by the Czech
Science Foundation – GAČR through its project
N. 15-23606S Selective Issues Deriving from the
Transposition and Implementation of Directive
2004/38/EC.
3 Freedom of movement of workers and of self-employed
persons today is regulated by Article 45
TFEU and Article 56 TFEU, which were already
inscribed in the founding EEC Treaty as part of
the four freedoms (freedom of movement of persons,
of services, of capital and of goods).
4 These rights include the right to move and reside
freely within the territory of the Member States,
the right to vote and to stand as a candidate in
elections to the European Parliament and in municipal
elections in the host Member State, the
right to diplomatic protection in the territory of
a third country, the right to petition the European
Parliament and the right to apply to the Ombudsman,
the right to write to any Community
institution or body in one of the languages of the
Member States and to receive a response in the
same language and the right to access European
Parliament, Council and Commission documents.
5 Article 21 TFEU: 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
171
and by the measures adopted to give them effect.
6 Every citizen of the Union has the right to move and
reside freely within the territory of the Member States.
Freedom of movement and residence may be
granted, in accordance with the Treaty establishing
the European Community, to nationals of third
countries legally resident in the territory of a
Member State.
7 Directive 2004/38/EC of the European Parliament
and of the Council of 29 April 2004 on
the right of citizens of the Union and their family
members to move and reside freely within
the territory of the Member States.
8 See, for example, Council Directive 93/96/EEC
of 29 October 1993 on the right of residence
for students, Council Directive 90/365/EEC of
28 June 1990 on the right of residence for employees
and self-employed persons who have ceased
their occupational activity, Council Directive
90/364/EEC of 28 June 1990 on the right of residence.
9 Directive 2004/38/EC differentiates between
first-time job seekers who move to another Member
state to seek a job and job seekers who retain
the status of workers after involuntary unemployment
(Article 7-3).
10 According to Article 7 of Directive 2004/38/
EC, job-seekers who are former workers who have
been involuntary unemployed after the first twelve
months retain the status of workers for no less
than six months. After this period of six months,
they might lose their status of workers and fall into
the category of economically inactive Union citizens.
11 See Silvia Gastaldi, Citoyenneté de l’Union et
libre circulation: du critère économique au statut
unique, L.G.D.J.,Paris, 2013.
12 Both grounds are not used in practise by Member
States willing to expell economically inactive
Union citizens. Moreover, the ground of public
health is very special and totally independent of
the economic status of the mobile Union citizen.
It can be used only during the first admission of
the Union citizen or during the first three months
of her or his stay. The ground of threat to public
security is the most serious ground requiring
exceptional circumtances that can hardly be used
against an economically inactive mobile Union
citizen not committing criminal offences under
Article 83-1 TFEU.
13 Regrettably, reports from the European Roma
Rights Centre from 2015 state that more than
11,000 Roma migrants were forcefully evicted
in France in 2015. That shows that no lesson has
been learnt from the collective expulsions of Ro-