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Flashcards in FMP - Cases/facts Deck (38):
1

Article 45

Free movement of workers

2

Article 21

Free movement of person

3

D2004/38

Governing free movement of persons (largely through rights of workers)

4

R492/2011

Regulation governing social and tax benefits to workers

5

D2005/36

Recognition of foreign workers qualifications

6

Lawrie-Blum, 3 part test for worker

British national who was training to be a teacher. German authorities claimed she was not a worker. CJ identified 3 essential criteria for employment; perform services, for and under direction of another and in return for remuneration

7

Levin

Work must be an ‘effective and geunine’ economic activity, not merely ‘marginal or ancillary’

8

Procureur du Roi v Royer

Extended scope of art 45 to those seeking work

9

What cases demonstrate the ide interpretation of a genuine economic activity?

Walgrave & Koch
Bosman
Steymann

10

Bettray

Not geunine economic activity as not for remuneration, but as part of rehabilitation program

11

Antonissen

UK tried to deport an Italian seeking work in the UK as had been unemployed for 6 months. CJ held that you cannot deport anyone who is economically active, genuinely seeking work and has a realistic chance of getting it

12

Collins

No job seekers allowance for foreign unemployed and other associated benefits

13

JIa

Dependant means someone who needs material support.

14

Hoekstra

CJ definition of worker, not MS definition, as could contrue definition tightly, meaning not great FMP

15

Kempf

Music teacher who worked part time in Netherlands could claim social security benefits and be considered a worker, even though part-time worker as his work was considered genuine and effective

16

Diatta

Sengalese national and French national separated. Allowed to reside in MS as had not divorced

17

Sandhu

Non-EU citizen and EU citizen divorced. Husband and child moved to Germany. Non-EU citizen no-longer allowed to reside in UK

18

20. What are the 4 circumstances where a non-EU citizen can stay in the MS after divorce?

a. Marriage has lasted 3 years
b. Has custody of kids
c. Divorce or termination was result of difficult circumstances (domestic violence)
d. Court ordered access to a minor in the MS

19

Comm v France (French Seamen)

all workers on French Merchant navy had to be French, therefore protectionist

20

Groener

Couldn’t be teacher in Ireland as couldn’t speak Irish (protectionist, however justified as cultural protection of Irish language

21

Article 18

Non-discrimination on basis of nationality

22

Artile 7(2) Regulation 492/2011

Non-national workers are entitled to the same social and tax advantages as workers

23

Ugliola

Didn’t recognise his military service in Italy in regards to pension, held to be discriminatory.

24

Cristini v SNCF

Special fare reductions. All social and tax advantages must be of some benefit to the worker

25

Brown

Non-nationals entitled to same educational rights other than educational grants

26

Gul

Right of family members of EU citizens to work in MS. Gul was qualified Dr who was not allowed to work

27

32. Article 45(3) TFEU Rights of workers are subject to limitations justified on grounds of

a. public policy,
b. public security or
c. public health

28

Rutilli

Engaged a strike, put him into internal exile but couldn’t expel Rutili as not doing anything wrong. Expulsion breached article 45

29

Bouchereau

French cocaine dealer, expelled by UK, justified as no other skills so would go back to cocaine dealing. Cannot be deported on criminal convictions alone, must represent a present threat to public policy

30

Bonsignore

Shot brother, so deported from France Bonsignore, however he had been acquitted. Thought he was risk of organised crime Not allowed to deport as he had been acquitted. Only allowed to be deported in constitute a future risk of a breach or public policy or security that would affect a fundamental interest of society

31

Astrid Proll

Reformed terrorist. Spent convictions are not ground for deportation

32

Van Duyn v Home Office

Exclusion ust be based on the conduct of the individual (scientology)

33

Donatella Calfa

Blanket ruling on deportation of any non-national for possession o drugs. Not permitted as did not take into account personal conduct

34

Adoui & COurnaille

Tried to deport 2 French prostitutes in Belgium, but couldn’t be deported as prostitution not illegal in Belgian

35

40. What are the restrictions placed on the derogations of art 45(3), found in art 27 D2004/38?

a. Proportional
b. Personal conduct
c. Shall not be invoked to satisfy economic ends
d. Shall not be based exclusively on previous criminal convictions
e. The personal conduct of the individual must represent a genuine, present and sufficiently serious threat to one of the fundamental interests of society

36

Commission v Belgium (Public Employees)

Restriction of public employment where would involve exercise of powers conferred by law, or a duty to safeguard an interest of the state

37

Gravier

Cannot discriminate against non-nationals in regard to access to vocational training

38

Blaizot v Liege

University study can fall under remit of vocational training depending on course. So non-nationals must be afforded same benefits as nationals in relation to university.