Law Express Questions

Question 0

Which case pointed out the fact that a right to move and reside was not absolute and were subject to limitations?

Answer 0

Ex parte Vitale and Do Amaral.

Question 1

Where can we find a definition of someone who is entitled to EU citizenship?

Answer 1

Article 20(1) TFEU which says every person holding the nationality of a member state shall be a citizen of the union.

Question 2

What does Article 18 of the TFEU deal with?

Answer 2

It prohibits discrimination against an EU citizen on the grounds of nationality.

Question 3

Name a case that deals with non-discrimination under article 18?

Answer 3

Grzelczyk - French student who wanted to claim benefits in Belgium, the only thing that stopped the student receiving the benefit was his nationality. Had a Belgium student in hone same position applied for it they would have got it therefore in breach of article 18.

Question 4

What does Article 19 of the TFEU deal with?

Answer 4

Non-discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation.

Question 5

Where is the concept of the free movement of workers enshrined?

Answer 5

Article 45(1) of the TFEU.

Question 6

Where can we find information that workers should not be discriminated against based on their nationality?

Answer 6

Article 45(2)TFEU.

Question 7

Where can we find the definition of a worker?

Answer 7

Lawrie-Blum.

Question 8

What is the definition of a worker?

Answer 8

Lawrie-Blum confirmed it is someone who:

• during a certain period of time
• performs services for and under the direction of another
• in return for remuneration

Question 9

Are part time workers still classed as workers?

Answer 9

Yes [Levin].

Question 10

What if you do not earn enough money and have to claim additional benefits, are you still classed as a worker?

Answer 10

Yes [Kempf].

Question 11

What if you lose your job and are looking for another, are you a worker?

Answer 11

Yes [Hoekstra].

Question 12

How long can a EU national remain in a member state for without having to conform to the definition of a worker?

Answer 12

Article 6 of Directive 2004/38 says for up to three months, this could be extended if there was a realistic chance of them getting a job.

Question 13

Where can we find details of the rights of workers?

Answer 13

Article 45(3) TFEU, the right to:

• accept offers of employment
• move freely in member state for work purposes

Question 14

Can anyone work in public sector jobs?

Answer 14

Article 45(4) TFEU says that it is important for the government of a country to restrict certain public sector jobs to their own nationals.

Question 15

What rights do family members and dependants have?

Answer 15

Article 2(2) of Directive 2004/38 says workers spouse, descendants and dependants under 21 and dependants in the ascending line are free to move with them.

Question 16

What right to education do children of workers have?

Answer 16

Article 12 of Directive 2004/38 gives them the same rights as nationals of that state.

Question 17

Can a member state refuse entry to a worker?

Answer 17

Yes as they are subject to limitations justified on grounds of public policy, public security and public health.

Question 18

Can member states use the public policy derogation if someone has a criminal record?

Answer 18

Article 27(2) of Directive 2004/38 prohibits it if the criminal convictions are not a current threat to the state.