Free movement of workers

Question 1

Secondary legislation

Answer 1

EU Citizenship Directive 2004

Regulation 2011 on freedom of movement for workers within the union
- prohibition of quotas
- no discrimination
- cooperation/ coordination between MS

Regulation 2019 establishing a European Labour authority
=assist MS and the Commission in their effective application and enforcement labour mobility across the Union and the coordination of social security systems within the Union

Question 2

Legal basis

Answer 2

Art 45 - 48 TFEU

Right to move, to accept job offers, to reside and to work in another MS, and to remain after employment

Art 45 §3 : limitations (public policy/security/health)

=> Discriminatory justifications

Rule of reason
=> non discriminatory justifications

Question 3

Worker

Answer 3

• a certain period of time
• a person performs services for and under the direction of another person
• in return for which he receives remuneration

=> Case 66/85 Deborah Lawrie-Blum v Land Baden-Württemberg, Judgment of the Court of 3 July 1986, para. 17

Question 4

Beneficiaries

Answer 4

• Workers
• Family members
• EEA citizens
• CH citizens
• Turkish workers to a certain extent

Question 5

Scope

Answer 5

• cross border element
• accept actual job offers

Question 6

Case 41-74 Yvonne van Duyn v Home Office

Answer 6

Direct effect

Question 7

Case 43-75 Gabrielle Defrenne v Société anonyme belge de navigation aérienne Sabena (Defrenne II)

Answer 7

Equal pay

Direct effect cannot be relied on in order to support claims concerning facts prior to the date of this judgment , except as regards
those who have already brought legal proceedings or made an equivalent
claim.