Občanství Evropské unie – nedopsaná kapitola unijního práva
EU Citizenship – An Unfinished Chapter of EU Law

Summary/Abstract: The movement and residence of people within the EU are regulated by both the national and EU law where the first applies primarily to third country nationals and the second to EU citizens and where both regimes are of course different. The problem is that members of both groups are often linked together (as family members) meaning that both regimes must be used at once. The EU secondary law regulates the legal status of such citizen and his/her relatives only when exercising the right to move and reside in another Member state. The case law of the Court of Justice has extended the right to reside within the EU also to static EU citizens and their relatives. The article therefore analyses the respective case law of the Court of Justice. In addition to that the author tries to find the answer on following questions: what is the purpose of Art. 20 and 21 of the TFEU? Is there a right to move and subsequently reside in another Member state? Or shall they be understood as allowing the EU citizen to move and/or reside anywhere in the EU?

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