FREE MOVEMENT WORKERS Flashcards
(28 cards)
Which Article of TFEU?
45
What are the 5 subsections of A45?
(1) Securing the free movement of workers
(2) Do not discriminate against foreign workers
(3) The rights of a worker
(4) Limitations
(5) Public sector jobs exempt
Case for definition of a worker?
LAWRIE BLUM 1986
How did LAWRIE BLUM 1986 define worker?
Someone who:
- During a period of time…
- Performs services under the direction of another…
- In return for renumeration
What are the two aspects of definition of a worker?
ECONOMIC
FORMAL
Cases for economic aspect?
STEYMANN 1986
KEMPF 1986
STEYMANN 1986
- Payment doesn’t have to be money
- Working for food and board = renumeration
KEMPF 1986
- Payment need not be enough to live on
- Can still rely on state benefits, as long as they are working
Cases for formal aspect of a worker
LEVIN 1982
HOEKSTRA 1964
LEVIN 1982
- Part-time work still counts as a worker
HOEKSTRA 1964
- Someone who recently lost their job still counts as a worker
- Must be looking for another job and find one within a reasonable time (3 months)
Case for A45(2) -> must not discriminate against foreign workers
COLLINS 2004
COLLINS 2004
- Was denied access to job seekers allowance
- Unlawful -> should be entitled to any support that would be granted to a national worker
Four basic rights of a worker under A45(3)
(i) Right to accept offers of employment in MS
(ii) Right to reside/move freely in the MS
(iii) Right to remain in MS after losing a job
(iv) Right to remain after having been employed for 5 years
Right to enter/leave for a job
Found in DIRECTIVE 2004/38
Right to reside
A6 of DIRECTIVE 2004/38
ANTONISSEN 1991
What does A6 of DIRECTIVE 2004/58 say?
- Right to reside ‘freely for 3 months, then most prove it is likely they will get a job’
- I.e. proof of interview
ANTONISSEN 1991
- Claimant had been in UK for 6 months and was still unable to find employment
- Held that was more than enough time to find a job and UK was correct in kicking him out of the country
Criteria for right to remain after losing a job
If due to: - Illness - Involuntary unemployment (redundancy) - Vocational training ALLOWED TO STAY until they are able to work again/finish training
Right to permanent residence after 5 years
Found in DIRECTIVE 2004/58 A16(1)
Three main limitations in A45(4)
NB it’s a non exhaustive list
- Public Policy
- Public Security
- Public Health
Case law for Public Policy limitations under A45(4)
VAN DUYN 1974
A27(2) DIRECTIVE 2004/38
VAN DUYN 1974
- Dutch woman wanted to come to UK for job as secretary of Church of Scientology
- UK said Scientology was socially harmful
- Were allowed to prevent her entry as a worker as it was dependent on UK cultural norms
NB was a judgement of the time, most likely not accepted now
A27(2) DIRECTIVE 2004/58
- A person must be a ‘direct and immediate threat’
- Updates VAN DUYN 1974
