Chapter 15 Flashcards
Which article regulates the free movement of workers?
Art.45 TFEU which says that a MS cannot prevent its nationals from looking for a job in another MS and any disadvantage to the past, present or future employment of Union citizens in MS can be challenged
What is the definition of a worker?
Three criteria:
1) A person who is settled in the host State
2) A person who works under the direction of someone else
3) A person who is paid of their work
Does Art.45 TFEU includes also other categories of workers?
It would include also quasi-workers (unemployed people who retain some continuity with the previous occupation), retired persons (who used to work in a host State) and jobseekers but with temporal and material limitations.
To whom are extended workers’ rights?
To their immediate families and children of a Union immigrant will cease to benefit from the free movement rights as soon as they become independent from their families
What is Art.49 TFEU about?
It is about the freedom of establishment of self-employed people. The provision has direct effect and it protects their rights based on the criteria that their economic activity is on a stable and continuous basis.
Does Art.49 TFEU protect self-employed people only in the host State?
No, this article prohibits restrictions on the freedom of establishment of EU citizens both working in their own state or in another MS.
Does Art.49 TFEU protect self-employed people for grounds of nationality?
Yes
What is Art.54 TFEU about?
It is about the freedom of establishment of companies but there are some conditions:
- the corporation must be profit oriented
- the corporation must be formed in accordance with the national law of the MS
- the corporation must have some connection with the Union
What are letterbox companies? What is the abuse of right doctrine?
They are companies incorporated in a certain MS but in reality fully operate in another different MS.
The abuse of right doctrine prevents individuals from fraudulently taking advantage of EU provisions.
The Court has found that a MS can prohibit the establishment of a company if the objective pursued by the freedom of establishment isn’t achieved by that company in the MS.
What is Art.21 TFEU about?
It allows any national of a MS to hold European citizenship, which entails a number of rights (Baumbast case in which they confirmed the direct effect)
What are the three classes of residency rights in the Citizenship Directive?
1) All EU citizens which have a short-term right to reside in another MS, up to three months
2) All economic active migrants with sufficient resources and health insurance and students have a right to mid-term residency for longer than three months
3) Every EU citizens who has lived in another MS for five years or longer (absence up to six months) may have a right to permanent residence in their host State
What is Art.24 TFEU about?
When a person is legally resident in another MS, the Citizenship Directive grants them the right to equal treatment, meaning that they have to be treated by the host state as if they were its own nationals. They must receive the same treatment while seeking a job in another MS.
With the exception of Art.45(4) TFEU which reserve positions for their own nationals if there are ‘state-jobs’
