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Flashcards in EU Law - Free Movement of Workers Deck (327):
1

Name at least two cases on obstacles to access employment market

Van Lent; Weigel; Bosman; Graf

2

Article 21(1) TFEU

EU citizenship added in 1993 - freedom to move and reside in EU

3

Give two cases on Art.3(1) Reg 492/11

Groener and Las v PSA Antwerp

4

What is the test in the UK for jobseekers?

They need to be 'actively seeking work'

5

What is the down-side of Bettray?

Could exclude disabled people in sheltered employment, and isn't reintegration into workforce helping achieve Treaty aims?

6

What did Commission say in guidance doc would probably fall outside the PS test?

Teaching, nursing and non-military research in public establishments

7

Van Lent

Prohibition on use might preclude FMW

8

What Article of what Directive states no affect of divorce on EU nationals, and the circumstances where it won't affect a non-EU national either?

Articles 13(1) and (2) Directive 2004/38

9

What did Commission say in guidance doc would probably fall within the PS test?

Police, armed forced, judiciary and tax authorities

10

Article 49 TFEU

Freedom of establishment - FM of self-employed and companies

11

Groener judgment

Justified as stimulated support of language

12

What case departed from restrictive view of Article 7(2) Reg 492/11 in Michel S?

Cristin v SNCF

13

Walrave and Kock

Article 45 applies even if work done outside EU, as long as legal relationship of employment is entered within EU

14

Article 45 TFEU

Establishes FMW, Direct effect

15

What case supports social objective of FM law?

Levin v Staatssecretaris Justitie

16

Van Lent general

Car registered other Member

17

Steymann v Staatsecretaris general

Plumber in Bhagwan Community

18

When can an individual no longer rely on Article 32 - 33 Directive 2003/48 to life expulsion order?

More than 3 years after expulsion, not a reasonable period or no material change in circumstances

19

Justifiability does not mean that the measure is proportionately restrictive on FMW

Gardella

20

Why was an institutional test rejected in Commission v Belgium?

Fear of immunising large sectors of community from FM

21

What did the court allow in Lair?

Students could use Article 7(2) to claim social advantages when institution not covered under Art 7(3)

22

Legal protection against dismissal for disabled limited to nationals

Marsman v Rosskamp

23

Ziller on public service exception

Most members have adapted national rules to comply with functional approach

24

When were the Internal Market Provisions?

1957

25

How do the ECJ try to interpret Article 45(4)?

Restrictively

26

Why was 'offer of employment actually made' extended in its meaning in R v Immigration Tribunal, ex p Antonissen?

To give effect to the aims of Art.45 and the Treaty in general

27

Regulation 492/2011

Substantive rights and social advantages

28

What does Article 30 Directive 2003/48 mean?

People addressed need to understand content and implications of decision, giving full and precise information unless contrary to public security, as well as info on appeals

29

Article 10 Reg 492/11

Allowing children of migrant to be admitted to education/apprenticeship/vocational courses as if they were a national

30

Cristin v SNCF

Departed from restrictive view of Article 7(2) Reg 492/11 - all social and tax advantages

31

Give at least two cases on direct discrimination

Commission v Italy; Marsman v Rosskamp; Schiebel Aircraft GmbH

32

Even in the process of divorce, non-working spouses do not lose right of residence until formally dissolved

Diatta

33

What precedents did Article 27(2) Directive 2003/48 codify?

Adoui and Cornvaille; Calfa; Bouchereau

34

What case required 'sufficiently close link' for Article 45 to apply to professional activities outside EU

Petersen

35

What does Article 28 give in terms of protection?

Both substantive and procedural protections - 3 levels of protection and factors courts should have regard to

36

'Advantage' for Article 7(2) Reg 492/22 is not by reason primarily of his status as a worker

Ministère public v Even

37

Article 46

allows P and Council to adopt secondary legislation to bring about freedoms in Article 45

38

What kind of effect does Article 45 TFEU have?

Direct

39

What case suggested relationship of subordination is needed to distinguish Article 45 from self-employment under Article 48?

Jany v Staatssecretaris

40

Petersen

Article 45 applies to professional activities outside EU as long as relationship had 'sufficiently close link' with EU

41

Only duties of management/advising State on technical/scientific questions qualified as public employment

Commission v Italy

42

Irrelevant if C 'abused' EU rights to gain 'worker' status

Ninn-Oraschi

43

Collins on Art.45

Job-seekers only benefit from certain provisions, although equal treatment in access to employment should include right to apply for job-seekers allowance under same rules as national

44

Worker includes those supplementing wage below subsistence with social security

Kempf

45

Coonan on public service

Not a foreign language assistant at a university

46

What Article added EU citizenship, and to what Treaty?

Article 21(1) TFEU

47

R v Immigration Tribunal, ex p Antonissen general

Drug offence

48

What Regulation specifically restricts Article 45 and how?

Regulation 492/2011 - restricters 'worker' to someone who is a national of a Member

49

The Citizenship Directive is what Directive?

Directive 2004/38

50

Article 10 Reg 492/11 applied to 'any general measures intended to facilitate educational attendance'

Casagrande

51

Chambermaid

Levin

52

Las v PSA Antwerp general

Flanders contracts in Dutch

53

Article 28 Directive 2003/48

Expulsion

54

Plumber in Bhagwan Community

Steymann v Staatsecretaris

55

O'Keefe on public service exception

Thought Maastricht Treaty's emphasis on traditional notion of loyalty might reduce importance of exception, but still regular infringement proceedings are brought

56

Article 10 Reg 492/11 applied to those over 21 and non-dependent to let them complete their studies

Gaal

57

Accepted right to negotiate collective agreements as part of justification for FM restriction, but needed to comply with non-discrimination

Erny

58

Rockler

Unacceptable justification for restriction of FM if purely on economic grounds

59

Basic outline of rights given in Directive 2004/38

Rights of permanent residence for EU nationals and families after 5 years residence, initial right of entry and residence for up to 3 months and possible extension

60

What case suggested HDE of Article 45?

Bosman

61

What did the case of Bosman make clear?

Obstacles to access are not comparable to rules on SAs

62

What part of Directive 2003/48 covers public health?

Article 29

63

What are the three levels of protection given in Directive 2003/48, and what are they protecting against?

General level for EU individuals, enhanced for individuals with right of permanent residence and super-enhanced for minors or host state residents of more than 10 years - protecting against expulsion

64

Steymann v Staatsecretaris judgment

Took Lawrie further - quid pro quo work for Community, services he received in return. Conventionally unpaid work may still be effective economic activity

65

Adoui and Cornvaille

Not 'sufficiently serious' if host does not have effective measures to combat same conduct by nationals

66

What does a disease need to be to count under Article 29?

Of 'epidemic potential' as defined by WHO or other disease subject to protection provisions by Member

67

Commission v Belgium public service judgment

Two stage test - (1) 'direct or indirect participation in exercise of powers conferred by public law' and (2) duty 'designed to safeguard the general interests of the state'/public authorities

68

Collins general

Employment 17 years ago

69

Levin on worker

Included part-time and paid work

70

Sotgiu may also apply to obstacles to MA

Bosman

71

R v Immigration Tribunal, ex p Antonissen judgment

Extended 'offer of employment actually made' and rejected literal interpretation of Art.45

72

What Article of what measure codifies previous case law on the requirements of restrictions imposed on Article 45 TFEU?

Article 27(2) Directive 2003/48

73

MRAX

Member needs to give EU national without relevant docs every opportunity to obtain them/prove right of residence

74

Who is Article 45 TFEU primarily directed towards?

Members

75

When can there no longer be expulsion under Article 29?

3 months after arriving

76

Hoekstra on 'worker'

Autonomous concept - someone who 'pursues employment activities which are effective and genuine' and not purely 'marginal and ancillary'

77

What case suggests a relaxation of the rehab idea from Bettray?

Fenoll

78

Lawrie-Blum general

Trainee teacher

79

How did Bosman broaden address of Article 45 TFEU?

Includes bodies who determine general labour market rules

80

Prohibition on use might preclude FMW and be an obstacle to access employment market

Van Lent

81

What section of what measure elaborates on Members right to impose restrictions on Article 45(3) TFEU?

Articles 27 - 33 Directive 2003/48

82

Weigel general

Negative tax consequences

83

What case took an objective interpretation of 'genuine and effective economic activity'?

Lawrie-Blum

84

Angonese

Private employers can't discriminate on grounds of nationality

85

Directie 2014/54 general

Enforcement - reducing gap between theory and reality

86

When considered proportionality, what case directs court to look to nature and seriousness of offence, length of residence, family circumstances and period since commission of offence?

Orfanopoulos

87

Gaal

Article 10 Reg 492/11 applied to those over 21 and non-dependent to let them complete their studies

88

What Directive demands better provision of info about rights under Article 45 TFEU and Regulation 492/2011

Directive 2014/54

89

Article 45 applies to professional activities outside EU as long as relationship had 'sufficiently close link' with EU

Petersen

90

No reliance on Art.45 when all elements of the case are purely internal

Saunders

91

Metock judgment

Unlawful to require non-EU national to reside elsewhere lawfully before residence in host

92

Equal access to training in vocational schemes and retraining centres

Article 7(3) Reg 492/11

93

Spouse can employ another spouse as worker

CPM Meeusen v Hoofddirectie

94

Extended 'offer of employment actually made' and rejected literal interpretation of Art.45

R v Immigration Tribunal, ex p Antonissen

95

Directive On rights of movement and residence of EU workers

Directive 2004/38

96

Commission v Italy judgment

Only Italian security firms hiring Italian nationals could hire out private security guards

97

Commission v Italy general

Private security guards

98

Article 7(2) Regulation 492/2011

Provides some tax and social advantages

99

Deportation, refusal of entry or revocation of right of residence is a disproportionate penalty for non-satisfaction of formalities

Watson and Belmann on Directive 2003/48

100

Colegio de Oficiales de la Marina Mercante Espanola v Administracion del Estado

Sporadic exercise of public powers didn't count as public service

101

Terhoeve

Worker employed in another member then returning to origin can invoke Article 45

102

Article 18 TFEU

Subsidiarity general principle of non-discrimination on grounds of nationality

103

Ministère Public v Even judgment

No discrimination or 'social advantage' - advantage is not by reason primarily of his status as a worker

104

Watson and Belmann on Directive 2003/48

Deportation, refusal of entry or revocation of right of residence is a disproportionate penalty for non-satisfaction of formalities

105

What case took a restrictive interpretation of Art 7(3) Reg 492/11?

Lair

106

Weigel judgment

No obstacle to access employment market if there is deterrence without discrimination

107

Nurse in private hospital didn't count as public service

Commission v France

108

What two secondary legislation instruments permit FM of even non-economically active individuals?

FMW Regulation 492/2011 and Directive 2004/38

109

Diatta

Even in the process of divorce, non-working spouses do not lose right of residence until formally dissolved

110

Need to be 'part of the normal labour market'

Trojani

111

What is the social objective of FM law?

Improving living conditions so EU nationals can follow work and 'ever closer union of peoples'

112

What is Article 45 TFEU seen as?

Specific application of general principle in Article 18 TFEU

113

What are the three derogations allowed under Article 45 TFEU?

On grounds of public policy, public security or health

114

Who thought Metock might politically be the straw that broke the camel's back, despite legal justification?

Currie

115

Where is the basic legislation for FMW?

Under Regulation 492/2011

116

What case showed court decides what is 'employment in public service'?

Sutgiu

117

What kind of relationship did Commission v Belgium demand for public service exception?

'Special relationship of allegiance to the State'

118

Gardella

Justifiability does not mean that the measure is proportionately restrictive on FMW

119

What report embraced the idea of neoclassical economics on FM law?

Spaak Report

120

Satiable Aircraft GmbH judgment

National security to justify but disproportionate and unnecessary

121

What post did they explicitly include inside public service exception in Commission v Belgium?

State Ministers

122

What part of Directive 2003/48 covers notification of decisions?

Article 30

123

Practice of sport falls within EU in so far as it constitutes economic activity

Walrave

124

Articles 32 - 33 Directive 2003/48

Duration of exclusion orders and expulsion

125

Article 29 Directive 2003/48

Public health

126

Kempf

Worker includes those supplementing wage below subsistence with social security

127

Fenoll

Considered French disabled person working in disability rehab centre to be a worker, not a user

128

Saint-Prix general

Left 3 months prior to giving birth, back 3 months after

129

Metock general

Non-EU national, reside lawfully in other Member

130

Article 45 is directly applicable and renders contrary national law inapplicable

Commission v French Republic

131

Foreign language assistant at a uni didn't count as public service

Coonan

132

What case included part-time and paid work for concept of worker?

Levin

133

What case took a broad interpretation of Art 10 Reg 492/11?

Michel S

134

Commission v France on public service

Nurse in private hospital didn't count

135

Morson and Jhanjan general

Dutch for surinamese

136

Dias on right of permanent residence

Residence permit is only evidence of a right of permanent residence - it does not give the right itself

137

Lair

Restrictive interpretation of Art 7(3) Reg 492/11 - not including unis

138

When is direct discrimination very difficult to justify?

When on grounds of nationality

139

Bosman on objective justifications

Sotgiu may also apply to obstacles to MA

140

Not 'sufficiently serious' if host does not have effective measures to combat same conduct by nationals

Adoui and Cornvaille

141

What does Directive 2014/54 do?

Allows migrant workers to access sae judicial procedure as national, at least one body at national level to help EU workers, and better provision of info about rights under Article 45 TFEU and Regulation 492/2011

142

What does there need to be for right of permanent residence under Directive 2004/38?

Continuous lawful residence for 5 years

143

What Article in what Reg allows conditions relating to linguistic knowledge be imposed when required by nature of post?

Article 3(1) Reg 492/11

144

Who can claim 'social advantages' under Art 7 Reg 492/11?

Workers and families covered by Directive 2004/38

145

what is the economic objective of FM law?

FM of 'factors of productions' through labour and capital, creating more efficient markets according to neoclassical economics

146

Article 27(2) Directive 2003/48

Measures under Article 45(3) TFEU must be proportional and based exclusively on personal conduct, which presents a 'genuine, present and sufficiently serious threat' to fundamental societal interests

147

Who said Metock is 'surely a fair result'?

Currie

148

Michel S on Article 7(2)

Limited reading - concerned only benefits linked with employment

149

What case gave a limited reading of Article 7(2) Regulation 492/2011?

Michel S

150

Las v PSA Antwerp judgment

Impermissible restriction despite aiming to encourage use of Dutch as less restrictive means available

151

What did Directive 2004/38 do to all previous legislation?

Consolidated it

152

Collins on Article 7(3) Directive 2004/38

Rights linked to 'worker' status may continue after employment ends, but not for an excessive period.

153

What EU instrument confirms Article 10 Reg 492/11 case law?

Article 12(3) Directive 2004/38

154

What part of Directive 2003/48 covers expulsion?

Article 28

155

CPM Meeusen v Hoofddirectie

Spouse can employ another spouse as worker

156

What case ruled out dual regulatory burdens, counting them as indirect discrimination?

Commission v Portugal

157

Rights exist under Article 45 when SEEKING works

Antonissen

158

Trainee teacher didn't count as public service

Lawrie-Blum

159

Giersch

Residence requirement for financial aid for higher education unnecessarily restrictive

160

Ugliola

Impermissible discrimination by counting military service for seniority under Article 7(2)

161

What does Chapter 3 of Regulation 492/2011 cover?

Established Advisory and Technical Committee made up of Member States' reps for close cooperation

162

What Article Establishes FMW, Direct effect?

Article 45 TFEU

163

Brown on workers

If work is temporary solely to qualify for educational course, different rights to a fully-fledged worker - no ancillary employment to main purpose of study

164

What are the high stakes in the area of FMW?

Perceived function and role of 'single market' project and EU as a whole

165

Why is it hard for ECJ to interpret Article 45(4) restrictively?

'Widespread view that functioning of the public service is an exercise of full-state sovereignty'

166

What Article covers General principle on prohibiting discrimination on grounds of nationality

Article 18 TFEU

167

How did court distinguish from Bettray in Trojani?

Indefinite period in Trojani case, but not here - social reintegration ITSELF could not remove employment from being considered as such

168

What do Articles 32 - 33 Directive 2003/48 allow?

Expulsion order can be lifted after reasonable period if there is a material change in circumstances justifying exclusion

169

What Article allows P and Council to adopt secondary legislation to bring about freedoms in Article 45?

Article 46

170

What is excluded from Article 7(3) Directive 2004/38?

Voluntary unemployment

171

Adoui and Cornvaille on Article 28

Need comparability in treatment of nationals and non-nationals

172

What is indirect discrimination and according to what case?

'intrinsically liable' to affect migrant workers more than nationals: O'Flynn v Adjudication Officer

173

Mancini on Article 45(4)

'Widespread view that functioning of the public service is an exercise of full-state sovereignty'

174

Commission v French Republic

Article 45 is directly applicable and renders contrary national law inapplicable

175

What case showed tensions between ECJ 'rights-based' vision of FM and Members' desire to exercise 'first access control'?

Metock

176

What does Chapter 1 of Regulation 492/2011 cover?

Three titles on eligibility for employment, equality of treatment within employment and workers' families

177

Commission v Belgium public service general

belgian nationality for local authority/public undertakings

178

What case covers indirect discrimination?

Kalliope Schoning-Kougebetopoulou

179

Van Duyn on Article 28

No criminalisation needed of socially harmful organisation to justify restrictive action

180

What can a Member require under Article 29 Directive 2003/48?

Medical examination prior to 3 months, but can't be a routine procedure

181

When can a Member refuse to give full and precise info under Article 30 Directive 2003/48?

When it would be contrary to public security

182

Saint-Prix judgment

Retained status as long as 'reasonable period'

183

Morson and Jhanjan shows what?

Harshness of Saunders ruling

184

Article 45(3) TFEU general

Refusal of employment, entry/residence or expulsion on grounds of public policy, security and health

185

When does Article 18 TFEU apply?

When there is a lack of a more specific Treaty provision

186

Levin v Staatssecretaris Justitie

FM is about social progress through economic prosperity

187

What does Chapter 2 of Regulation 492/2011 cover?

Detailed provisions requiring cooperation between various bodies

188

What kind of test is the two-stage one from Commission v Belgium?

functional test

189

Residence requirement for financial aid for higher education unnecessarily restrictive

Giersch

190

Article 56 TFEU

FMS - only temporarily based in host, unlike FME (Article 49)

191

How have the Commission helped with public service exception?

Published guidance document on state functions that would probably fall within/outside testt

192

What aren't the rights in Treaty conditional on?

Satisfaction of formalities in Directive 2003/48

193

Spaak Report

Embraced idea of neoclassical economics on FM law

194

Levin on purpose of 'worker' for obtaining work

Immaterial

195

Belgian nationality for local authority/public undertakings

Commission v Belgium

196

What Article covers free movement of services?

Article 56 TFEU

197

'Widespread view that functioning of the public service is an exercise of full-state sovereignty'

Mancini

198

What case shows a broadening in the address of Article 45 TFEU?

Bosman

199

What case said Article 7(3) does not give an exhaustive list of circumstances when migrant will continue to benefit from prior employment?

Saint-Prix

200

AG Slynn in Levin

Noted increasing dependence on part-time work would mean its exclusion to protect social security would affect many people

201

Name two cases on jobseekers concerning Art.45?

Ex p Antonissen and Collins

202

Worker employed in another member then returning to origin can invoke Article 45

Terhoeve

203

Levin general

Chambermaid below minimum wage, personal fund

204

How many Members intervened in Metock?

10

205

What was legitimate in principle in Giersche?

Condition on financial aid for higher education

206

What Article is seen as Specific application of general principle in Article 18 TFEU?

Article 45 TFEU

207

Threat must affect fundamental societal interest before it can justify restriction of FM

Bouchereau

208

What case further refines Adoui and Cornvaille on Article 28?

Olazabal

209

What is the political objective of FM law

Creating an EU political identity - fundamental rights of all EU citizens

210

What shows that rights in Treaty aren't condition on satisfying Directive 2003/48 formalities?

Provisions allow states to impose proportionate non-discriminatory penalties for non-satisfaction

211

Articles 27 - 33 Directive 2003/48

Elaborates on Refusal of employment, entry/residence or expulsion on grounds of public policy, security and health from Article 45(3) TFEU

212

Dutch for surinamese

Morson and Jhanjan

213

Bosman on Article 45

Applies to associations that are neither state nor public bodies (HDE)

214

no ancillary employment to main purpose of study

Brown

215

Orfanopoulos

When considering proportionality, court should look to nature and seriousness of offence, length of residence, family circumstances and period since commission of offence

216

No deportation as part of general preventative programme

Calfa

217

What case suggested purpose of work is crucial, in contrast with Levin?

Bettray

218

What case shows justifications under Article 45 don't extend to discrimination within public service, only admission?

Sutgiu

219

Walrave

Practice of sport falls within EU in so far as it constitutes economic activity

220

Lawrie-Blum on Commission v Belgium

Two requirements are cumulative, not alternative

221

Rights linked to 'worker' status may continue after employment ends, but not for an excessive period.

Collins on Article 7(3) Directive 2004/38

222

Akrich

there is no 'abuse of rights' where couple move to avoid internal problem from Saunders

223

Bosman general

Footballers fee

224

Impermissible discrimination by counting military service for seniority under Article 7(2)

Ugliola

225

What Article covers Freedom of establishment - FM of self-employed and companies

Article 49 TFEU

226

Name at least two precedents which were codified by Article 27(2) Directive 2003/48

Bouchereau; Calfa; Adoui and Cornvaille

227

Article 7(3) Directive 2004/38

Covers former workers of at least one year who are now unemployed and registered with jobseekers

228

Marsman v Rosskamp

Legal protection against dismissal for disabled limited to nationals

229

What case showed No criminalisation needed of socially harmful organisation to justify restrictive action under Article 28 Directive 2003/48

Van Duyn

230

How can indirect discrimination be justified?

If shown to be on grounds unconnected with nationality discrimination

231

Members retain a discretion in public policy and security exceptions as there is no 'uniform code of values' imposed by EU law

Jany on exceptions to Article 45 TFEU

232

Commission v Italy on public service exception

Only duties of management/advising State on technical/scientific questions qualified as public employment

233

Sotgiu on objective justifications

Indirect discrimination can be justified on grounds not covered in Article 45

234

Bouchereau

Threat must affect fundamental societal interest before it can justify restriction of FM

235

Schiebel Aircraft GmbH general

Authorisation for weapons trade on condition of managing partner being Austrian national

236

Articles 22-26 Directive 2004/38

Conditions under which right of permanent residence is to be enjoyed

237

Unacceptable justification for restriction of FM if purely on economic grounds

Rockler

238

Give two examples of factors courts will have regard to when deciding Article 28

Health and age

239

What AG in Levin noted disadvantage of excluding part-time work from concept of worker?

AG Slynn

240

Michel S on Article 10 Reg 492/11

Broad interpretation - included benefit for disabled nationals

241

Singh judgment

Indian can claim rights of residence through being the spouse of an EU worker

242

Private employers can't discriminate on grounds of nationality

Angonese

243

What case shows how individuals can get around the Saunders ruling on purely internal situations?

Terhoeve - leave to work in another Member then return

244

What have the ECJ been resistant to in public service exception?

Members defining derogation in institutional terms by reference to 'public serctor'

245

Kalliope Schoning-Kougebetopoulou general

Greek health service - years not counted in Germany

246

What Directive allows migrant workers to access same judicial procedures as nationals?

Directive 2014/54

247

Ninni-Oreschi on Art 7(3)

No such thing as 'abusively creating' situation where C becomes worker, although length of work may be relevant to see if sole aim was for student assistance

248

Groener general

Art teacher, Irish

249

Laurie-Blum judgment

Objective interpretation of 'genuine and effective economic activity', and need to take direction from X to provide services for which he receives remuneration

250

Olazabal

Measures under Article 28 Directive 2003/48 need not treat nationals and non-nationals identically, just comparably (Adoui and Cornvaille)

251

What does Jany confirm about Articles 27 - 33 Directive 2003/48 and Article 45(3) TFEU?

Members retain a discretion in public policy and security exceptions as there is no 'uniform code of values' imposed by EU law

252

Article 45(4)

Public service exception

253

What is a precondition for Article 18 TFEU?

Case needs to come within scope of application of Treaties

254

FMW Regulations 492/2011 for non-economically active individuals

Social security entitlements

255

What case took Lawrie-Blum further?

Steymann v Staatsecretaris

256

Singh general

indian British Germany work

257

Sutgiu

Court decides what is 'employment in public service' and justification does not extend to discrimination within public service, only admission

258

Bosman judgment

Prevented C from being employed by French club - non-discriminatory but hindered access

259

Why is there no secondary legislation to clarify public service exception?

Fears that Members will use it to undermine the case law

260

Not a worker if work is 'merely a means of rehabilitation'

Bettray

261

Saunders

No reliance on Art.45 when all elements of the case are purely internal

262

What Directive covers FM of even non-economically active individuals?

Directive 2004/38

263

When can an expulsion order be a penalty or legal consequence of a custodial sentence?

When covered in Articles 27 - 29

264

What EU measure introduced right of permanent residence?

Directive 2004/38

265

Article 18 TFEU

General principle on prohibiting discrimination on grounds of nationality

266

Benefits are no longer an advantage to a worker when child is 21 and not dependent - Art 7

Lebon

267

Job-seekers only benefit from certain provisions, although equal treatment in access to employment should include right to apply for job-seekers allowance under same rules as national

Collins on Art.45

268

Articles 16-18 Directive 2004/38

Conditions to enjoy right of permanent residence

269

What case stated there is no indefinite right to look for a job, despite extended 'offer of employment actually made' in Art.45 to jobseekers?

R v Immigration Tribunal, ex p Antonissen

270

When was EU citizenship added to TFEU?

1993

271

Negative tax consequences

Weigel

272

Name four things which supplement Regulation 492/2011

Directive 2014/54, Decision 2003/8, growing body of soft law and guidance, and Directive 2004/38

273

What case emphasised that there is a need for objective justifications to comply with non-discrimination?

Erny

274

What case said no such thing as 'abusively creating' situation where C becomes worker for Art 7(3) Reg 492/11

Ninni-Oreschi

275

What Article does Regulation 492/2011 flesh out?

Article 45

276

Lawrie-Blum on public service posts

Not a trainee teacher

277

Sporadic exercise of public powers didn't count as public service

Colegio de Oficiales de la Marina Mercante Espanola v Administracion del Estado

278

Private security guards

Commission v Italy

279

Article 31 Directive 2003/48

Procedural safeguards

280

Articles 19-21 Directive 2004/38

Administrative formalities of right of permanent residence

281

Indirect discrimination can be justified on grounds not covered in Article 45

Sotgiu

282

What Directive works to reduce gap between theory and reality on FMW?

Directive 2014/54

283

Erny

Accepted right to negotiate collective agreements as part of justification for FM restriction, but needed to comply with non-discrimination

284

How can one distinguish between Las v PSA and Groener?

In Las, there was a less restrictive means available

285

Kalliope Schoning-Kougebetopoulou judgment

Indirect discrimination

286

What case confirmed 'worker' concept is autonomous

Hoekstra

287

What is neoclassical economics?

The creation of more efficient markets

288

Antonissen on Article 45

Rights exist when SEEKING work

289

Graf

No obstacle to access employment market by removing compensation for voluntary termination of a job

290

Ninn-Oraschi

Irrelevant if C 'abused' EU rights to gain 'worker' status

291

Thought Maastricht Treaty's emphasis on traditional notion of loyalty might reduce importance of PS exception

O'Keefe

292

What case made it clear that SAs will not be recognised outside FMG

Bosman

293

What does Article 31 Directive 2003/48 provide?

Judicial access and administrative redress when appropriate

294

Bettray

Not a worker if work is 'merely a means of rehabilitation' - purpose crucial, despite being irrelevant in Levin

295

Baumbat and R on Article 10 Reg 492/11

Children can remain in host to complete even if parents return and education system in origin is compatible

296

Commission v Portugal

No 'dual regulatory burden', i.e. not recognising appropriate non-host state qualifications

297

Who provides soft law and guidance to supplement Regulation 492/2011?

Commission and experts

298

Calfa

No deportation as part of general preventative programme

299

Article 30 Directive 2003/48

Notification of decisions

300

Article 7(3) Reg 492/11

Equal access to training in vocational schemes and retraining centres

301

Olympique Lyonnais SASP v Olivier Bernard judgment

Aim of payment was not to train but damages calculated by total loss suffered, and thus unjustifiable

302

What part of Directive 2003/48 covers procedural safeguards?

Article 31

303

FM is about social progress through economic prosperity

Levin v Staatssecretaris Justitie

304

Olympique Lyonnais SASP v Olivier Bernard general

Damages to football training club

305

What part of Directive 2003/48 covers duration of exclusion orders and expulsion?

Articles 32 - 33

306

Casagrande

Article 10 Reg 492/11 applied to 'any general measures intended to facilitate educational attendance'

307

Lebon

Benefits are no longer an advantage to a worker when child is 21 and not dependent - Art 7

308

What are the three overarching objectives of free movement law?

Economic, social and EU political identity

309

Currie on Metock

Recognises reality of family life in context of mobility

310

Residence permit is only evidence of a right of permanent residence - it does not give the right itself

Dias

311

What case shows there is no 'abuse of rights' where couple move to avoid internal problem from Saunders?

Akrich

312

Jany v Staatssecretaris

Need relationship of subordination to distinguish from self-employment under Article 49

313

What does Regulation 492/2011 mention which Article 45 does not?

Families of EU workers

314

Minister Public v Even general

Retirement-pension for WW2 service, Allied nation

315

Directive 2004/38, Article 35

Members can refuse right in the case of 'abuse or fraud', although no case law further than 'sham marriages'

316

Member needs to give EU national without relevant docs every opportunity to obtain them/prove right of residence

MRAX

317

What case limits Van Duyn on Article 28?

Adoui and Cornvaille

318

Articles 13(1) and (2) Directive 2004/38

No affect of divorce on EU nationals and retaining right of residence for non-EU if relationship at least 3 years, where they have custody of EU national's children, where circumstances warrant it or court rules their right of access to minor must be in host state

319

What case gives the ECJ test for public service exceptions?

Commission v Belgium

320

No obstacle to access employment market if there is deterrence without discrimination

Weigel

321

Article 3(1) Regulation 492/11

Allows 'conditions relating to linguistic knowledge' when required by nature of post

322

Most members have adapted national rules to comply with functional approach towards PS

Ziller

323

What did Saint-Prix say of Article 7(3)

Retain worker status as long as reasonable period and not an exhaustive list of circumstances when migrant will continue to benefit from prior employment

324

Name at least two exceptions to broad view court generally give to concept of 'worker'?

Bettray, Trojani, Jany, Brown and Ninn-Oraschi

325

Directive 2004/38 general

On rights of movement and residence of EU workers, as well as FM of pensioners, students and 'others'

326

Morson and Jhanjan judgment

Dutch nationals could claim for Surinamese parents to gain residence, but if they hadn't been Dutch they could have relied on Art. 10 Directive 2004/38

327

Trojani on workers

Need to be 'part of the normal labour market'

Decks in Law Second Year Class (62):