Free Movement of Workers Flashcards
(30 cards)
Article 45 (1)
Free movement of workers shall be secured within the community
Article 45 (2)
Free movement of workers shall entail the abolition of any discrimination based on nationality…
Reg. 492/2011 and Directive 2004/38
Provide detail that art 45 doesn’t
Lawrie-Blum v Land Baden
-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
Levin case
Includes part-time workers under the term worker
Steymann case
Payment did not have to be money
Kempf case
Someone who does not earn enough to live on and must also claim benefits is still a worker
Hoekstra case
Worker can be someone who had recently lost their job and was looking to take another
Art 45 (3)
Rights of a worker such as: Right to enter to seek work
R v Immigration Appeal Tribunal, ex parte Antonissen
-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
Directive 2004/38: Art 6
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
Directive 2004/38
Right to enter, leave, reside, remain after losing a job and have permanent residence.
Directive 2004/38: Art (2)
Dont have to give social assistance in the first 3 months
Peter Bray case
Economically inactive citizens not necessarily a burden on the state
Dano v Jobcenter Leipzig
To claim some same social assistance as a national citizen, need to establish lawful residence in line with art 24(2) Directive 2004/38
Art 49 TFEU
Freedom of establishment
Directive 2005/30/EC
Certain proffessional qualifications recognised such as doctors, nurses dentists.
Non-professional qualification
Assessed by requirements of Art 49 TFEU
Art 57 TFEU
Freedom to provide services
Directive 2004/38: Art 2(2)
Details family members and dependants who have the right to move
Metock case
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
Bonsignote
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
Van Duyn v Home Office
Woman refused entry for being a member of Scientology Considered “socially harmful” Even if organisation not banned could still be refused entry
Jobs in the public sector:
Jobs in the public sector can be specifically excluded for a member state’s nationals -> Art 45(4)
