Avrupa Birliği'nde birlik vatandaşlığı bağlamında kişilerin serbest dolaşımı ve KKTC'nin AB müktesebatına uyumu
Özet
The Orijinal EEC Treaty granted the freedom to move within the Community together with a right to equal treatment to specified categories of people, who migrated in order to pursue an economic activitiy. Feedom of movement was derived from Article 39 EC Treaty (Article 45 TFEU - freedom of movement for workers), Article 43 EC Treaty (Article 49 TFEU - freedom of establishment) and Article 49 EC Treaty ( Article 56 TFEU - freedom to provide services). Thus non - economically active migrants were not protected by Community Law. Over time, this changed. First of all, three residence directives were adopted which granted a conditional right of residence to those who had sufficient means to support themselves, including students and pensioners. Secondly, the Maastricht Treaty introduced the notion of Union Citizenship. Then, in the case of the Grzelcyk, The European Court of Justice defined Union citizenship as the ?fundamental status? of Union citizens. While the Lisbon Treaty did not make major changes to the provisions on EU citizenship, it linked the rights of movement and residence, more closely to the prohibition of discrimination on grounds of nationality. Council and Parliament adopted Directive 2004/38 detaling the right of Union Citizens, previously contained in several secondary legislation governing the rights of movement and residence of all previous categories of people enjoying such rights under EU Law. The ECJ has linked the provisions on citizenship to the prohibition of discrimination on grounds of nationality. Achieving an integrated Europe involves political and social unity as much as economic integration. Thus, the issue of European Citizenship is central to the debate about European integration. As a result of these legislative changes and the case of law on the European Citizenship of the European Court of Justice, Union citizens who are neither economically active nor economically self ? sufficient or who do not fall within any previously recognized EU status category, have gained general, an autonomous and directly effective right to move and reside in a member states