EU law - Free movement of workers Flashcards
The withdrawal agreement - Citizen’s rights
The withdrawal agreement protects the rights of UK citizens living in the EU and EU citizens living in the UK at the end of the transition period as well as their family members. They have the right to continue to live and work in their host state
What does the TFEU provide?
Free movement of workers is guaranteed. Gives the EU worker the right of entry and residence for the purpose of taking up employment. Member states must abolish any discrimination based on nationality between workers of the member states as regards employment, remuneration and other conditions of work and employment.
How is nationality interpreted?
Nationality is entirely a matter for the domestic law of each member state.
What rights of residence does the EU national obtain under the TFEU?
The EU national has an absolute right of residence so long as they remain in work. If the worker becomes involuntarily unemployed, they will continue to be guaranteed a right to reside in the host state. However, if they become voluntarily unemployed their position is changed. A period of 5 years’ residence gives the worker and/or their family a right of permanent residence
What terms of employment is an EU national entitled to expect?
An EU national can claim the same terms as those offered to a national of the host state. Right not to be discriminated against as regards conditions of work.
Social security rights?
Prohibit discrimination in relation to conditions of employment, dismissal, social and tax advantages, training and union membership.
Does an EU national have a right of entry to look for work?
An EU national has a right of entry to look for work and a reasonable period of residence to find it. 3 month right of residence without qualifying as a worker.
When does the treaty allow member states to deny entry?
Permits derogations on grounds of public policy, public security and public health. Only personal conduct can be taken into account. Prior criminal records will not necessarily entitle the member states to deny entry. They will do so only where they indicate that the individual represents a current threat to public security.
Can the worker bring their family with them?
The treaty enables them to do so. It limits the family members who are entitled to entry to the spouse, registered partner, children under 21 and dependent relatives of the worker or spouse/partner. Member states do have an obligation to facilitate entry and residence of any other family members who are dependants or members of the household. Spouse/partner can remain in the country if they have resided for 3 years
