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Herwig Verschueren

specifically Articles 21 and 18 tfeu , and Citizenship Directive 2004/38, 2 but also on the significance of Regulation 883/2004 3 on the coordination of social security systems and the relation between these two instruments of secondary law. Indeed, this case concerns the so-called ‘special non

Anthony Valcke

1 Introduction Directive 2004/38 1 has now been in force for over twelve years. Despite its stated objective of simplifying and strengthening the free movement rights of EU citizens, 2 those fine ideals still appear like an unfulfilled promise for a significant proportion of the 17 million

Sandra Mantu

remains primarily constructed as working time are less clear. Directive 2004/38 was meant to create a coherent legal system and unite the disparate pieces of legislation that dealt with workers and economically inactive EU migrants. 39 The Directive regulates the entry and residence of EU citizens and

Sandra Mantu and Paul Minderhoud

for social benefits on establishing and maintaining a right of residence under Directive 2004/38 for economically inactive EU citizens?’. Based on the analysis of the national replies to our questionnaire, we seek to argue that asking for social benefits becomes a first step towards being considered

Herwig Verschueren

right of residence, both for EU citizens (Directive 2004/38) and for long-term resident third country nationals (Directive 2003/109). Th e article will then comment on the recent case law of the ECJ (and the reactions to it in academic literature) on the entitlement, for not economically active EU

Helen O’Nions

entitled to exercise rights of movement and residence in other EU states. 38 Article 20 and 21 TFEU ascribe EU citizenship to nationals of one of the twenty–seven EU states and this in turn enables the citizen to access a number of special rights found in the Citizenship Directive 2004/38. 39 The latter

Chiara Berneri

circumstances even involving non-moving eu citizens. In particular, with regard to cases involving moving citizens, the right to residence for family members of eu citizens, regardless their nationality, has been introduced by Article 3(1) of Directive 2004/38/ ec , which repealed the previous legislation

Bernard Ryan

measures established by Directive 2004/38’. 94 It followed that periods in prison could not be taken into account for the purpose of the ten-year rule, and that ‘in principle’ such periods interrupted continuity of residence for that purpose. 95 Had this conclusion been applied in full, it would have