The Treaty on the Function of the European Union

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ellie0497
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Hello guys,

Im currently writing an EU law essay and I was wondering what the difference is between Article 20(2) and Article 21(1).



Thank you
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999tigger
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(Original post by ellie0497)
Hello guys,

Im currently writing an EU law essay and I was wondering what the difference is between Article 20(2) and Article 21(1).



Thank you
They are completely different.
20(2) Lists rights of EU citizens within the EU
21(1) States guiding principles that the EU will be guided by when dealing internationally with other countries and organisations.

Article 20

1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.
2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia:
(a) the right to move and reside freely within the territory of the Member States;
(b) the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that State;
(c) the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State;
(d) the right to petition the European Parliament, to apply to the European Ombudsman, and to address the institutions and advisory bodies of the Union in any of the Treaty languages and to obtain a reply in the same language.
These rights shall be exercised in accordance with the conditions and limits defined by the Treaties and by the measures adopted thereunder.





Article 21

1. The Union's action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.

The Union shall seek to develop relations and build partnerships with third countries, and international, regional or global organisations which share the principles referred to in the first subparagraph. It shall promote multilateral solutions to common problems, in particular in the framework of the United Nations.
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ellie0497
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(Original post by 999tigger)
They are completely different.
20(2) Lists rights of EU citizens within the EU
21(1) States guiding principles that the EU will be guided by when dealing internationally with other countries and organisations.

Article 20

1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.
2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia:
(a) the right to move and reside freely within the territory of the Member States;
(b) the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that State;
(c) the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State;
(d) the right to petition the European Parliament, to apply to the European Ombudsman, and to address the institutions and advisory bodies of the Union in any of the Treaty languages and to obtain a reply in the same language.
These rights shall be exercised in accordance with the conditions and limits defined by the Treaties and by the measures adopted thereunder.





Article 21

1. The Union's action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.

The Union shall seek to develop relations and build partnerships with third countries, and international, regional or global organisations which share the principles referred to in the first subparagraph. It shall promote multilateral solutions to common problems, in particular in the framework of the United Nations.
Article 20(2) TFEU states "citizenship of the Union is hereby established.
Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship" whereas Article 21(1) states "every citizen of the Union shall have the right
to move and reside freely within the territory of the MS, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect".

In an essay would you talk about both of these articles? Essentially, they both state EU citizens can reside freely within the territory of the MSs.
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999tigger
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(Original post by ellie0497)
Article 20(2) TFEU states "citizenship of the Union is hereby established.
Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship" whereas Article 21(1) states "every citizen of the Union shall have the right
to move and reside freely within the territory of the MS, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect".

In an essay would you talk about both of these articles? Essentially, they both state EU citizens can reside freely within the territory of the MSs.
Thats what I get for looking things up at 2am.

20(2) I think is the general provision. It is the first place which introduces the right.

21 Goes into more detail about how the respective right will be enforced. I think I would just refer to the right of free movement and residence contained in 20(2) and 21(1). They are the same thing.
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