Flashcards in Movement of Persons Cases Deck (11):
work must be effective and genuine. This must be examined on both an objective and subjective bases.
Indirect discrimination in regards to equality for workers includes:
1) essentially only affects Migrant workers
2) great majority affected are migrants
3) establishes rules/procedures that are easier for nationals
4) risks acting to the detriment of Migrants
UK gave Job seeker 6 months to find job or leave
Court held that if the individual could show that he had a genuine chance of employment he didn't have to leave.
Jobseekers get equal access to all employment opportunities, but don't get equal access to social advantages
Part-Time and Full-Time workers fall within the scope of "Economically Active"
TCN parent/carer is economically inactive and dependant on state, they can still reside for all of children's education
Commission v Belgium
Migrants can be excluded from Public Service jobs which have the exercise of real power and require a special allegiance to the state.
Mutual Recognition: A MS must take into consideration all diplomas/degrees obtained in the same profession but in different MS
Remuneration does not need to be $
Any Measure which deters nationals from leave MS is an Obstacle