ECJ – Judgment of 05.05.2011, S. McCarthy v. Secretary of State for the Home Department, C-434/09 – «Article 21 TFEU – Freedom of movement for persons – National who has always resided in the member state of his nationality» – Clarifying the protection c
Keywords:
Freedom of movement, Union citizenship, effect of being a national of another Member State, purely internal situations, reverse discriminationAbstract
The Judgment of the CJEU (Third Chamber) regarding to the case McCarthy denies as a beneficiary of Directive 2004/38/EC and the application of art. 21 TFEU to a national of a Member State who has never exercised his right to freedom of movement and has always resided in the Member State of his nationality, despite he is also a national of another Member State. The Court based the decision on the Article 3(1) of Directive 2004/38 which must be interpreted as meaning that that Directive is not applicable to that Union citizen and to the spouse. On the other hand, Article 21 TFEU is not applicable to a Union citizen in that ituation, provided that the situation of that citizen does not include the application of measures by a Member State that would have the effect of depriving him of the genuine enjoyment of the substance of the rights conferred by virtue of his status as a Union citizen or of impeding the exercise of his right of free movement and residence within the territory of the Member States.Downloads
Download data is not yet available.
Downloads
How to Cite
Marín Consarnau, D. (2015). ECJ – Judgment of 05.05.2011, S. McCarthy v. Secretary of State for the Home Department, C-434/09 – «Article 21 TFEU – Freedom of movement for persons – National who has always resided in the member state of his nationality» – Clarifying the protection c. Revista De Derecho Comunitario Europeo, (41), 221–236. Retrieved from https://recyt.fecyt.es/index.php/RDCE/article/view/39505
Issue
Section
CASE LAW COURT OF JUSTICE OF THE EU
License
Copyright
Submission of a manuscript to the RDCE implies having read and accepted the journal's editorial guidelines and instructions for authors. When a work is accepted for publication, it is understood that the author grants the RDCE exclusive rights of reproduction, distribution and, where appropriate, sale of his manuscript for exploitation in all countries of the world in printed version, as well as any other magnetic, optical and digital media.
Authors shall transfer the publishing rights of their manuscript to RDCE so that it may be disseminated and capitalised on Intranets, the Internet and any web portals and wireless devices that the publisher may decide, by placing it at the disposal of users so that the latter may consult it online and extract content from it, print it and/or download and save it. These activities must comply with the terms and conditions outlined on the website hosting the work. However, the RDCE authorises authors of papers published in the journal to include a copy of these papers, once published, on their personal websites and/or other open access digital repositories. Copies must include a specific mention of RDCE, citing the year and issue of the journal in which the article was published, and adding a link to the RDCE website(s).
A year after its publication, the works of the RDCE will be under the Creative Commons Attribution-Noncommercial-NoDerivative 4.0 International license (CC BY-NC-ND 4.0), which allows third parties to share the work as long as its author and its first publication is indicated, without the right to commercial exploitation and the elaboration of derivative works.
Plagiarism and scientific fraud
The publication of work that infringes on intellectual property rights is the sole responsibility of the authors, including any conflicts that may occur regarding infringement of copyright. This includes, most importantly, conflicts related to the commission of plagiarism and/or scientific fraud.
Practices constituting scientific plagiarism are as follows:
1. Presenting the work of others as your own.
2. Adopting words or ideas from other authors without due recognition.
3. Not using quotation marks or another distinctive format to distinguish literal quotations.
4. Giving incorrect information about the true source of a citation.
5. The paraphrasing of a source without mentioning the source.
6. Excessive paraphrasing, even if the source is mentioned.
Practices constituting scientific fraud are as follows:
1. Fabrication, falsification or omission of data and plagiarism.
2. Duplicate publication.
3. Conflicts of authorship.
Warning
Any breach of these Rules shall constitute a ground for rejection of the manuscript submitted.
