European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

Every person holding the nationality of a Member State is a European citizen . Irrespective of its date and manner of acquisition, European citizenship is fully effective where the citizen possesses it at the time he relies on the benefit of the provisions of EU law . It grants every citizen of the Union a fundamental and individual right to move and reside freely within the territory of the Membe …

Nationals of a Member State

Every person holding the nationality of a Member State is a European citizen . Irrespective of its date and manner of acquisition, European citizenship is fully effective where the citizen possesses it at the time he relies on the benefit of the provisions of EU law . It grants every citizen of the Union a fundamental and individual right to move and reside freely within the territory of the Member States . 

The conditions for the acquisition and loss of nationality are defined by each Member State having due regard to European law. The legislation of a Member State cannot restrict the effects of the granting of the nationality of another Member State by imposing an additional condition for recognition of that nationality with a view to the exercise of the fundamental freedoms provided for in the Treaty .

The personal scope of application of the European rules on the freedom of establishment is the same from one Member State to another. Thus, in case of dual nationality, a Member State is not entitled to refuse to grant the benefit of the provisions of EU law to those of its nationals who are established in another Member State of which they are also nationals and who take advantage of the facilities offered by European law in order to pursue their activities in the territory of the first State by way of the provision of services  or to make recognition of the status of European citizen subject to a condition such as the habitual residence of the person concerned in the territory of the Member State . 

Certain territories attached to a Member State are not subject to all the EU rules. This is the case of the Channel Islands and the Isle of Man. Although the European court regards those islands as a single Member State with the United Kingdom in respect of the free movement of goods, they do not benefit from the provisions relating to the free movement of persons and services . The legislation of the Isle of Man, which grants a more favorable treatment with regard to employment to its nationals than to other EU citizens, is therefore lawful . According to Article 4 of Protocol 3 regarding the Channel Islands and the Isle of Man, the authorities of those territories must however apply the same treatment to all natural and legal persons of the EU. Therefore, a national of a Member State working in one of these territories may rely on the principle of non-discrimination .

For overseas countries and territories regarding establishment and services, and according to the terms of the association of overseas countries decision in force , the EU applies the commitments taken as part of the General Agreement on Trade in Services (GATS) according to which the Member States may not discriminate between the inhabitants, companies and undertakings of the overseas countries and territories. The authorities of those countries and territories must not treat companies, nationals and undertakings of the Member States less favorably than companies, nationals and undertakings of a non-member country and cannot discriminate between companies, nationals and undertakings of the Member States. They may, furthermore, with a view to promoting or supporting local employment, lay down regulations in favor of their inhabitants and local activities. In such a case, they notify those regulations to the Commission, which then informs the Member States thereof. The decision of overseas association is subject to strict interpretation since it constitutes an exception to the principle of the non-application of the Treaty on the Functioning of the European Union to non-member States .

Citizenship of the Union shall be additional to and not replace national citizenship (Art. 9 TEU).

Case 136/78 Ministère public v Auer [1979] ECR 437, LawLex201100000498JBJ.

See, for a case of application under the former decision of overseas association No 86/283 of 30 June 1986: Case C-100/89 Kaefer and Procacci v French State [1990] ECR I-4647, LawLex200900000293JBJ.

Article 21 TFEU and Directive No 2004/38 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 amending Regulation (EEC) No 1612/68 and repealing Directives Nos 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, OJ, 30 April 2004, L. 158, 77 to 123.

Case C-369/90 Micheletti and others v Delegación del Gobierno en Cantabria [1992] ECR I-4239, LawLex200900000555JBJ.

Case 292/86 Gullung v Conseils de l'ordre des avocats du barreau de Colmar et de Saverne [1988] ECR 111, LawLex200900001823JBJ.

Article 2 of Protocol 3 of the Act of Accession and Article 355 TFEU.

Case C-355/89 Department of Health and Social Security v Barr and Montrose Holdings [1991] ECR I-3479, LawLex200900000462JBJ.

Case C-171/96 Pereira Roque v His Excellency the Lieutenant Governor of Jersey [1998] ECR I-4607, LawLex200900000716JBJ.

Decision No 2013/755 of 25 November 2013, OJ L 344 of 19 December 2013, on the association of the overseas countries and territories with the European Union, replacing Decision No 2001/822/EC of 27 November 2001, OJ 30 November 2001, L 314, 1 to 77, and which indicates that "with regard to the professions of doctor, dentist, midwife, general nurse, pharmacist and veterinary surgeon, the Council, shall adopt in accordance with Article 203 TFEU the list of professional qualifications specific to the OCTs which are to be recognised in the Member States" (Art. 52).

European Business Law

77. Nationals of a Member State

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

77. Nationals of a Member State

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise