Webcasts Flashcards
(27 cards)
What about those seeking work, are they workers?
They have the right to move and stay in another member state for purposes of seeking work (Anotonissen) but member states can put a reasonable time limit on it although they could still potentially remain after this time had expired (Collins).
What is a frontier worker?
Where you reside in your home state and commute to work in a neighbouring state, still classed as a worker (Geven).
What are the important pieces of legislation relating to workers rights?
Art 45 TFEU and Art 10 of Regulation 492/2011.
Why was regulation 492/2011 passed?
To elaborate on art 45(2) which deals with discrimination on the grounds of nationality.
What does article 45(1) TFEU state?
Freedom of movement for workers shall be secured within the union. Meaning any restriction on citizens freedom to move for work is prohibited (Bosman ruling - charging transfer fees for out of contract footballers when they switched clubs was a restriction of movement).
What does art 3 of regulation 492/2011 state?
National legislation must not limit application and offers of employment to foreign nationals or subject them to conditions not applicable to the member states own nationals.
What is the disclaimer to art 3 reg 492/2001?
It shall not apply to conditions relating to linguistic knowledge required by reason of the nature of the post to be filled.
What does art 4 of reg 492/2011 state?
National legislation must not restrict by number or percentage the employment of foreign nationals (Bosman ruling).
What does Art 45 TFEU and art 7(1) of reg 492/2011 deal with?
Prohibition of discrimination on the grounds of nationality in the employment context.
What does art 7(2) reg 492/2011 state?
All workers employed in a member state other than their own are entitled to the same social and tax advantages as nationals of the host state.
What is a social advantage?
Need not be linked to contract of employment. Even said it is those generally granted to national workers because of their status or by virtue of the fact they are resident in the member state.
How can member states exclude foreign nationals from working in the public service?
By virtue of art 45(4) TFEU.
What did the ECJ confirm in the case of Sotgiu?
Art 45(4) TFEU only applied to access to employment not conditions of employment.
What was decided in the cae of Commission v Belgium?
Art 45(4) TFEU does not apply to all employment in the public service, only certain activities involving the exercise of authority and safeguarding the general interests of the state.
What was said in Lawrie-Blum in relation to public service?
Art 45(4) TFEU only applied to posts which required a special allegiance to the state which forms the foundation or the bond of nationality.
Give some examples of jobs which are not in the public service?
Nurses - Commission v France
Union teachers - Allue and Coonan
Private security firm employees - Commission v Spain
The case of Colegio further limited the scope of art 45(4) TFEU, how?
If public law powers were available but only exercised sporadically then it did not qualify as a public service.
What is the effect of art 45(4) TFEU?
Member states may refuse to employ foreign nationals in their public service.
Where a national of one member state moves to another in order to work there, what rights do his or her children have to be educated in the host state?
Art 12 reg 492/2011 states that if eir children are residing with them, they are entitled to the same education, apprenticeship and vocational training of nationals of that member state.
What was said in Casagrande with regards to art 12 reg 492/2011?
It was not limited to the right to physically attend school or college, but included national rules on entitlement to funding for education.
What was said in the case of Di Leo?
Art 12 reg 492/2011 covered entitlements grants.
What did Echternach & Moritz confirm?
The scope of art 12 reg 492/2011 extends to all forms of education, including further and higher education.
What was the point made about children in Gaal?
Adults can invoke the provision of art 12 reg 492/2011, even if they are no longer dependent on their parents.
What if the course of education is to be undertaken in another member state?
Di Leo stated if the right is available for nationals of the member state then it is to children of workers (Miss Di Leo wanted to pursue a degree in her home state Italy but was refused funding, as it was available to nationals of the host member state to be funded for education in Italy then she had to be given the same treatment).
