EU Law

Question 1

A “worker” is defined as…

Answer 1

someone who during a period of time performs services under the direction of another for remuneration.

Question 2

The case that defined what a worker was…

Answer 2

Lawrie-Blum (1986)

Question 3

Finish the sentence.

Remuneration doesn’t…

Answer 3

… have to be money. (IE accommodation)

Question 4

The case that states remuneration doesn’t have to be money is the case of

Answer 4

Steymann (1986)

Question 5

TRUE OR FALSE:

Remuneration needs to be enough to live on without social benefits from the member state.

Answer 5

FALSE as per Kempf (1986).

Question 6

What case states that remuneration doesn’t need to be enough to live on without social benefit from the member state.

Answer 6

Kempf (1986)

Question 7

Is part-time work included in the definition of a worker?

Answer 7

Yes. As per Levin (1982).

Question 8

What case states that part time work is included in the definition of a worker?

Answer 8

Levin (1982)

Question 9

The case of Hoekstra (1964) states what?

Answer 9

That someone who has recently lost their job and is looking for another job must be given a reasonable amount of time.

Question 10

What case states that someone who has recently lost their job must be given a reasonable amount of time before being kicked out of the member state?

Answer 10

Hoekstra (1964)

Question 11

Which Article relates to securing free movement for workers in the EU?

Answer 11

Article 45(1)

Question 12

Article 45(2) is about what?

Answer 12

Ensuring that member states don’t discriminate against foreign workers, just like in the case of Collins v SoS (2004)

Question 13

What case states that member states must not discriminate against foreign workers? Furthermore stating that foreign nationals must enjoy the same rights as those citizens that live in the host nation?

Answer 13

Collins v SoS (2004)

Question 14

Article 45(3) is about what?

Answer 14

Includes rights of EU citizens such as the right of employment.

Question 15

Explain the duration in which EU nationals can reside in another country?

Answer 15

< 3 months without any documents besides a valid identity card or passport
> 3 if there’s a realistic job prospect/ employment has been successful.

(Authority: Directive 2004/38)

Question 16

What is the relevant case law that shows us what a ‘reasonable amount of time’ is?

Answer 16

Antinossen (1991).

Question 17

After 5 years of residence in another member state, what right can you acquire according to the Citizenship Directive?

Answer 17

Permanent residence.

Question 18

The case of Duyn v Home Office (1994) showed that a MS can decide who to let into the country based on culture. What is now the criteria?

Answer 18

You need to be a “direct and immediate threat” to not be allowed into the country.

Question 19

The criteria of “direct and immediate threat” comes from…

Answer 19

Citizenship Directive 2004/38

Question 20

Ozil, a German national, stole a jacket 10 years ago. The UK deemed this conviction enough to not allow Ozil into the country. This is legal and perfectly sound.

Explain with authority that this is true/false

Answer 20

False. The case of R v Bouchereau (1977) shows us that (1) Seriousness of crime; and (2) Length of time passed since conviction must be considered.

IE, a recent murder conviction is enough but a 10 year petty theft crime wouldn’t be.

Question 21

The case of R v Bouchereau (1977) shows what?

Answer 21

(1) Seriousness of crime; and (2) Length of time passed since conviction must be considered before dismissing an EU citizen’s request to reside/visit a Member State.

Question 22

What is the criteria for denying an EU citizen access to a Member State regarding public health?

Answer 22

Needs to be contagious and an epidemic. IE Swine flu would have been enough at a point but a cold wouldn’t.

Question 23

Jim unfortunately suffers from HIV. Because of this, the Netherlands have rejected his request to work in the country. Is this legal?

Answer 23

No.

Question 24

During the initial 3 months of residence where an EU citizen does not need any requirements (other than valid identity card), can they receive social assistance?

Answer 24

No, as per Article 24(2) Citizenship Directive 2004/38

Question 25

Virgil moves from the Netherlands to Britain. He becomes a burden on the social assistance system after 7 months of residence. What happens?

Answer 25

Under Article 14(1) Citizenship Directive 2004/38, Virgil loses his right of residence in the United Kingdom.

Question 26

Jim moved to Spain 1 year ago and then lost his job through a bad car accident. Does he lose his right to reside in Spain?

Answer 26

No, as per Article 7(3).

Question 27

When can students and self funding migrants reside in another EU country?

Answer 27

Only when they have sufficient resources not to become a burden on the state.

Question 28

Case of Baumbast (2002) shows what?

Answer 28

That if the ‘worker’ goes to another country whilst the family remain in the MS, they have a right of residence AS LONG AS there’s no burden on the social assistance system.

Question 29

Are EU nationals guaranteed work in another Member State’s public service?

Answer 29

No, as per Article 45(4) and Commission v Belgium [1982]

Question 30

Commission v Belgium [1982] shows what?

Answer 30

EU nationals aren’t guaranteed work in another Member State’s public service.

Question 31

Commission v Italy (1987) shows what?

Answer 31

Only management and advising state on matters on scientific questions is considered public service.

Question 32

Commission v Luxemburg (1996) shows what?

Answer 32

Whilst there is a need to protect the national identity of a small country, it is disproportionate to not allow another EU national to teach in that country for this reason.

Question 33

The cases of Commission v Italy (1987) and Commission v Luxemburg (1996) show what?

Answer 33

That the boundaries of “public service” are unclear in EU law.

Question 34

What does the case of R v Immigration Appeal Tribunal (1991) show?

Answer 34

That freedom of movement for workers applies to those seeking work too.

Question 35

What authority says that there can’t be any direct obstacles for foreign workers or laws that aim to keep away other nationals?

Answer 35

Workers Rights: Regulation 492/2011

Question 36

What authority says that there can be no nationality quotas?

Answer 36

Workers Rights: Regulation 492/2011

Question 37

What authority says that there can be no special recruitment for foreign nationals?

Answer 37

Workers Rights: Regulation 492/2011

Question 38

What does the case of Crisini (1975) show?

Answer 38

That EU workers and their families should be granted the same tax and social advantages as those from the host nation.

Question 39

What does Article 20 TFEU establish?

Answer 39

Establishes Citizenship of the Union (EU citizenship).

Question 40

What does Article 21 TFEU establish?

Answer 40

The freedom of movement for EU citizens.