EU 시민의 이주 및 거주의 권리에 관한 고찰

The Rights of free movement and residence of EU citizens gives EU citizens the freedom to move to other Member States in other Member States under same conditions as nationals of such States, other than their own. This legal concept of EU citizenship was first introduced by The Maastricht Treaty as part of the move from a mainly economic community to a political union. Articles 20-25 of The Treaty on the Function of European Union created a new political and electoral rights and these rights is linked more closely to the prohibition on discrimination on grounds of nationality. Council/European Parliament Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member State provide a concrete legal basis on the level of the Member States. Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, which amends two regulations and repeals nine directives(Directives 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).especially in application of the Articles 20 and 21 Treaty on the Function of European Union. European Court of Justice has been in charge of an important role on EU citizenship in several ways. First ECJ established that the Treaty provisions on citizenship create certain autonomous rights governing movement and residence. Secondly, the Court has linked the provisions on citizenship with the prohibition on discrimination on grounds of nationality in a way which has strengthened the rights and entitlement of EU nationals and their families on matters such as social benefits and dual nationality in cases of Martínez Sala, Rudy Grzelczyk, Baumbast and R, Carlos Garcia Avello, Kunqian Catherine Zhu and Man Lavette Chen, Michel Trojani, Blaise Baheten Metock and Others, Gerardo Ruiz Zambrano, Ilonka Sayn-Wittgenstein, etc.