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

The nationals of non-member States cannot, in principle, rely on the principle of the free movement of persons , unless in case of an associated State . However, a Member State must grant leave to enter and reside in its territory to the spouse, regardless of nationality, of a national of that State who has gone with that spouse to the territory of another Member State in order to work there as an …

Nationals of non-member States

The nationals of non-member States cannot, in principle, rely on the principle of the free movement of persons , unless in case of an associated State . However, a Member State must grant leave to enter and reside in its territory to the spouse, regardless of nationality, of a national of that State who has gone with that spouse to the territory of another Member State in order to work there as an employed person and returns to establish him- or herself in the territory of the State of which he or she is a national . The spouse must enjoy at least the same rights as would be granted under EU law if his or her spouse entered and resided in the territory of another Member State .

By contrast, the national of a non-member State cannot claim a right of establishment under Article 49 TFEU pursuant to an association agreement in which a provision is identically worded where that agreement pursues an aim which is different from the Treaty, namely the gradual integration of a non-member State into the Union and not the creation of an internal market . In effect, a mere similarity in the wording of a provision of one of the Treaties and of an international agreement between the EU and a non-member country is not sufficient to give to the wording of that agreement the same meaning as it has in the Treaties. Lastly, refugees and stateless persons benefit, under a 2011 Directive, of a right to engage in self-employed activities within the Union .

See regarding a Nigerian citizen who could not rely on a protection inherent to the principle of free movement of persons within the European Union: Case C-230/97 Criminal proceedings against Awoyemi [1998] ECR I-6781, LawLex200900001305JBJ; See, also, Case C-147/91 Criminal proceedings against Ferrer Laderer [1992] ECR I-4097, LawLex200900000585JBJ, for a Swiss national who could not rely on the rules of the Treaty on freedom of establishment.

For ACP States, see Case 65/77 Razanatsimba [1977] ECR 2229, LawLex200900002008JBJ.

Case C-370/90 The Queen v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department [1992] ECR I-4265, LawLex200900000566JBJ.

Directive No 2004/38 of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and 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, Article 23; See, also, Case C-370/90 The Queen v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department [1992] ECR I-4265, LawLex200900000566JBJ, on the spouse of a national of a Member State.

Case C-257/99 Barkoci and Malik [2001] ECR I-6557, LawLex200900001002JBJ and Case C-235/99 Kondova [2001] ECR I-6427, LawLex200900000824JBJ.

Directive No 2011/95 of 13 December 2011, on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, OJ L 337 of 20 December repealing and replacing Directive No 2004/83 of 29 April 2004, OJ 30 September 2004, L 304, 12 to 23.

European Business Law

78. Nationals of non-member States

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

78. Nationals of non-member States

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise