Free Movement of Workers

Question 1

Article 45 (1)

Answer 1

Free movement of workers shall be secured within the community

Question 2

Article 45 (2)

Answer 2

Free movement of workers shall entail the abolition of any discrimination based on nationality…

Question 3

Reg. 492/2011 and Directive 2004/38

Answer 3

Provide detail that art 45 doesn’t

Question 4

Lawrie-Blum v Land Baden

Answer 4

-A trainnee teacher was found to be a worker and worker was defined as: 1.) During a certain period of time 2.) Performs services for and under the direction of another 3.) In return for remuneration

Question 5

Levin case

Answer 5

Includes part-time workers under the term worker

Question 6

Steymann case

Answer 6

Payment did not have to be money

Question 7

Kempf case

Answer 7

Someone who does not earn enough to live on and must also claim benefits is still a worker

Question 8

Hoekstra case

Answer 8

Worker can be someone who had recently lost their job and was looking to take another

Question 9

Art 45 (3)

Answer 9

Rights of a worker such as: Right to enter to seek work

Question 10

R v Immigration Appeal Tribunal, ex parte Antonissen

Answer 10

-Worker seeking work in another member state, but had not found work in over 6 months: Held: Reasonable to deport someone who has not found work within 6 months

Question 11

Directive 2004/38: Art 6

Answer 11

Allows any EU national of any member state to enter and remain for up to 3 months without conforming to definition of worker but if they can show a realistic chance of obtaining work then they can stay longer

Question 12

Directive 2004/38

Answer 12

Right to enter, leave, reside, remain after losing a job and have permanent residence.

Question 13

Directive 2004/38: Art (2)

Answer 13

Dont have to give social assistance in the first 3 months

Question 14

Peter Bray case

Answer 14

Economically inactive citizens not necessarily a burden on the state

Question 15

Dano v Jobcenter Leipzig

Answer 15

To claim some same social assistance as a national citizen, need to establish lawful residence in line with art 24(2) Directive 2004/38

Question 16

Art 49 TFEU

Answer 16

Freedom of establishment

Question 17

Directive 2005/30/EC

Answer 17

Certain proffessional qualifications recognised such as doctors, nurses dentists.

Question 18

Non-professional qualification

Answer 18

Assessed by requirements of Art 49 TFEU

Question 19

Art 57 TFEU

Answer 19

Freedom to provide services

Question 20

Directive 2004/38: Art 2(2)

Answer 20

Details family members and dependants who have the right to move

Question 21

Metock case

Answer 21

Right of family members to join an EU citizen is regulated only by directive 2004/38 Does not matter if the family member had entered the EU illegally or was living there illegally at the time of marriage must be penalised only proportionally like by fine

Question 22

Bonsignote

Answer 22

Italian working in Germany who had been convicted of minor firearms offences -> Germany tried to deport him CJEU said reason had to be about the possible future behaviour of that person not to prevent others following his example

Question 23

Van Duyn v Home Office

Answer 23

Woman refused entry for being a member of Scientology Considered “socially harmful” Even if organisation not banned could still be refused entry

Question 24

Jobs in the public sector:

Answer 24

Jobs in the public sector can be specifically excluded for a member state’s nationals -> Art 45(4)

Question 25

The derogation of policy and security

Answer 25

Must be behaviour/activity of the person currently not merely something from their past

Question 26

R v Bouchereau

Answer 26

Frenchman convicted on several occasions of drug possession Activities of person must be considered socially harmful in order to justify expelling him

Question 27

Citizenship Article

Answer 27

Art 20(1) TFEU

Question 28

Vlate and Do Amarl

Answer 28

Had no job and no signs of getting one Held: neither the right to reside or the right to move freely is absolute and is subject to the treaties

Question 29

Kremzow v Austria

Answer 29

Residence right not a blanket right

Question 30

Baumbast

Answer 30

Right of access to education for children of migrant workers