EU Law - Free Movement of Workers Flashcards
1
Q
Name at least two cases on obstacles to access employment market
A
Van Lent; Weigel; Bosman; Graf
2
Q
Article 21(1) TFEU
A
EU citizenship added in 1993 - freedom to move and reside in EU
3
Q
Give two cases on Art.3(1) Reg 492/11
A
Groener and Las v PSA Antwerp
4
Q
What is the test in the UK for jobseekers?
A
They need to be ‘actively seeking work’
5
Q
What is the down-side of Bettray?
A
Could exclude disabled people in sheltered employment, and isn’t reintegration into workforce helping achieve Treaty aims?
6
Q
What did Commission say in guidance doc would probably fall outside the PS test?
A
Teaching, nursing and non-military research in public establishments
7
Q
Van Lent
A
Prohibition on use might preclude FMW
8
Q
What Article of what Directive states no affect of divorce on EU nationals, and the circumstances where it won’t affect a non-EU national either?
A
Articles 13(1) and (2) Directive 2004/38
9
Q
What did Commission say in guidance doc would probably fall within the PS test?
A
Police, armed forced, judiciary and tax authorities
10
Q
Article 49 TFEU
A
Freedom of establishment - FM of self-employed and companies
11
Q
Groener judgment
A
Justified as stimulated support of language
12
Q
What case departed from restrictive view of Article 7(2) Reg 492/11 in Michel S?
A
Cristin v SNCF
13
Q
Walrave and Kock
A
Article 45 applies even if work done outside EU, as long as legal relationship of employment is entered within EU
14
Q
Article 45 TFEU
A
Establishes FMW, Direct effect
15
Q
What case supports social objective of FM law?
A
Levin v Staatssecretaris Justitie
16
Q
Van Lent general
A
Car registered other Member
17
Q
Steymann v Staatsecretaris general
A
Plumber in Bhagwan Community
18
Q
When can an individual no longer rely on Article 32 - 33 Directive 2003/48 to life expulsion order?
A
More than 3 years after expulsion, not a reasonable period or no material change in circumstances
19
Q
Justifiability does not mean that the measure is proportionately restrictive on FMW
A
Gardella
20
Q
Why was an institutional test rejected in Commission v Belgium?
A
Fear of immunising large sectors of community from FM
21
Q
What did the court allow in Lair?
A
Students could use Article 7(2) to claim social advantages when institution not covered under Art 7(3)
22
Q
Legal protection against dismissal for disabled limited to nationals
A
Marsman v Rosskamp
23
Q
Ziller on public service exception
A
Most members have adapted national rules to comply with functional approach
24
Q
When were the Internal Market Provisions?
A
1957
25
How do the ECJ try to interpret Article 45(4)?
Restrictively
26
Why was 'offer of employment actually made' extended in its meaning in R v Immigration Tribunal, ex p Antonissen?
To give effect to the aims of Art.45 and the Treaty in general
27
Regulation 492/2011
Substantive rights and social advantages
28
What does Article 30 Directive 2003/48 mean?
People addressed need to understand content and implications of decision, giving full and precise information unless contrary to public security, as well as info on appeals
29
Article 10 Reg 492/11
Allowing children of migrant to be admitted to education/apprenticeship/vocational courses as if they were a national
30
Cristin v SNCF
Departed from restrictive view of Article 7(2) Reg 492/11 - all social and tax advantages
31
Give at least two cases on direct discrimination
Commission v Italy; Marsman v Rosskamp; Schiebel Aircraft GmbH
32
Even in the process of divorce, non-working spouses do not lose right of residence until formally dissolved
Diatta
33
What precedents did Article 27(2) Directive 2003/48 codify?
Adoui and Cornvaille; Calfa; Bouchereau
34
What case required 'sufficiently close link' for Article 45 to apply to professional activities outside EU
Petersen
35
What does Article 28 give in terms of protection?
Both substantive and procedural protections - 3 levels of protection and factors courts should have regard to
36
'Advantage' for Article 7(2) Reg 492/22 is not by reason primarily of his status as a worker
Ministère public v Even
37
Article 46
allows P and Council to adopt secondary legislation to bring about freedoms in Article 45
38
What kind of effect does Article 45 TFEU have?
Direct
39
What case suggested relationship of subordination is needed to distinguish Article 45 from self-employment under Article 48?
Jany v Staatssecretaris
40
Petersen
Article 45 applies to professional activities outside EU as long as relationship had 'sufficiently close link' with EU
41
Only duties of management/advising State on technical/scientific questions qualified as public employment
Commission v Italy
42
Irrelevant if C 'abused' EU rights to gain 'worker' status
Ninn-Oraschi
43
Collins on Art.45
Job-seekers only benefit from certain provisions, although equal treatment in access to employment should include right to apply for job-seekers allowance under same rules as national
44
Worker includes those supplementing wage below subsistence with social security
Kempf
45
Coonan on public service
Not a foreign language assistant at a university
46
What Article added EU citizenship, and to what Treaty?
Article 21(1) TFEU
47
R v Immigration Tribunal, ex p Antonissen general
Drug offence
48
What Regulation specifically restricts Article 45 and how?
Regulation 492/2011 - restricters 'worker' to someone who is a national of a Member
49
The Citizenship Directive is what Directive?
Directive 2004/38
50
Article 10 Reg 492/11 applied to 'any general measures intended to facilitate educational attendance'
Casagrande
51
Chambermaid
Levin
52
Las v PSA Antwerp general
Flanders contracts in Dutch
53
Article 28 Directive 2003/48
Expulsion
54
Plumber in Bhagwan Community
Steymann v Staatsecretaris
55
O'Keefe on public service exception
Thought Maastricht Treaty's emphasis on traditional notion of loyalty might reduce importance of exception, but still regular infringement proceedings are brought
56
Article 10 Reg 492/11 applied to those over 21 and non-dependent to let them complete their studies
Gaal
57
Accepted right to negotiate collective agreements as part of justification for FM restriction, but needed to comply with non-discrimination
Erny
58
Rockler
Unacceptable justification for restriction of FM if purely on economic grounds
59
Basic outline of rights given in Directive 2004/38
Rights of permanent residence for EU nationals and families after 5 years residence, initial right of entry and residence for up to 3 months and possible extension
60
What case suggested HDE of Article 45?
Bosman
61
What did the case of Bosman make clear?
Obstacles to access are not comparable to rules on SAs
62
What part of Directive 2003/48 covers public health?
Article 29
63
What are the three levels of protection given in Directive 2003/48, and what are they protecting against?
General level for EU individuals, enhanced for individuals with right of permanent residence and super-enhanced for minors or host state residents of more than 10 years - protecting against expulsion
64
Steymann v Staatsecretaris judgment
Took Lawrie further - quid pro quo work for Community, services he received in return. Conventionally unpaid work may still be effective economic activity
65
Adoui and Cornvaille
Not 'sufficiently serious' if host does not have effective measures to combat same conduct by nationals
66
What does a disease need to be to count under Article 29?
Of 'epidemic potential' as defined by WHO or other disease subject to protection provisions by Member
67
Commission v Belgium public service judgment
Two stage test - (1) 'direct or indirect participation in exercise of powers conferred by public law' and (2) duty 'designed to safeguard the general interests of the state'/public authorities
68
Collins general
Employment 17 years ago
69
Levin on worker
Included part-time and paid work
70
Sotgiu may also apply to obstacles to MA
Bosman
71
R v Immigration Tribunal, ex p Antonissen judgment
Extended 'offer of employment actually made' and rejected literal interpretation of Art.45
72
What Article of what measure codifies previous case law on the requirements of restrictions imposed on Article 45 TFEU?
Article 27(2) Directive 2003/48
73
MRAX
Member needs to give EU national without relevant docs every opportunity to obtain them/prove right of residence
74
Who is Article 45 TFEU primarily directed towards?
Members
75
When can there no longer be expulsion under Article 29?
3 months after arriving
76
Hoekstra on 'worker'
Autonomous concept - someone who 'pursues employment activities which are effective and genuine' and not purely 'marginal and ancillary'
77
What case suggests a relaxation of the rehab idea from Bettray?
Fenoll
78
Lawrie-Blum general
Trainee teacher
79
How did Bosman broaden address of Article 45 TFEU?
Includes bodies who determine general labour market rules
80
Prohibition on use might preclude FMW and be an obstacle to access employment market
Van Lent
81
What section of what measure elaborates on Members right to impose restrictions on Article 45(3) TFEU?
Articles 27 - 33 Directive 2003/48
82
Weigel general
Negative tax consequences
83
What case took an objective interpretation of 'genuine and effective economic activity'?
Lawrie-Blum
84
Angonese
Private employers can't discriminate on grounds of nationality
85
Directie 2014/54 general
Enforcement - reducing gap between theory and reality
86
When considered proportionality, what case directs court to look to nature and seriousness of offence, length of residence, family circumstances and period since commission of offence?
Orfanopoulos
87
Gaal
Article 10 Reg 492/11 applied to those over 21 and non-dependent to let them complete their studies
88
What Directive demands better provision of info about rights under Article 45 TFEU and Regulation 492/2011
Directive 2014/54
89
Article 45 applies to professional activities outside EU as long as relationship had 'sufficiently close link' with EU
Petersen
90
No reliance on Art.45 when all elements of the case are purely internal
Saunders
91
Metock judgment
Unlawful to require non-EU national to reside elsewhere lawfully before residence in host
92
Equal access to training in vocational schemes and retraining centres
Article 7(3) Reg 492/11
93
Spouse can employ another spouse as worker
CPM Meeusen v Hoofddirectie
94
Extended 'offer of employment actually made' and rejected literal interpretation of Art.45
R v Immigration Tribunal, ex p Antonissen
95
Directive On rights of movement and residence of EU workers
Directive 2004/38
96
Commission v Italy judgment
Only Italian security firms hiring Italian nationals could hire out private security guards
97
Commission v Italy general
Private security guards
98
Article 7(2) Regulation 492/2011
Provides some tax and social advantages
99
Deportation, refusal of entry or revocation of right of residence is a disproportionate penalty for non-satisfaction of formalities
Watson and Belmann on Directive 2003/48
100
Colegio de Oficiales de la Marina Mercante Espanola v Administracion del Estado
Sporadic exercise of public powers didn't count as public service
101
Terhoeve
Worker employed in another member then returning to origin can invoke Article 45
102
Article 18 TFEU
Subsidiarity general principle of non-discrimination on grounds of nationality
103
Ministère Public v Even judgment
No discrimination or 'social advantage' - advantage is not by reason primarily of his status as a worker
104
Watson and Belmann on Directive 2003/48
Deportation, refusal of entry or revocation of right of residence is a disproportionate penalty for non-satisfaction of formalities
105
What case took a restrictive interpretation of Art 7(3) Reg 492/11?
Lair
106
Weigel judgment
No obstacle to access employment market if there is deterrence without discrimination
107
Nurse in private hospital didn't count as public service
Commission v France
108
What two secondary legislation instruments permit FM of even non-economically active individuals?
FMW Regulation 492/2011 and Directive 2004/38
109
Diatta
Even in the process of divorce, non-working spouses do not lose right of residence until formally dissolved
110
Need to be 'part of the normal labour market'
Trojani
111
What is the social objective of FM law?
Improving living conditions so EU nationals can follow work and 'ever closer union of peoples'
112
What is Article 45 TFEU seen as?
Specific application of general principle in Article 18 TFEU
113
What are the three derogations allowed under Article 45 TFEU?
On grounds of public policy, public security or health
114
Who thought Metock might politically be the straw that broke the camel's back, despite legal justification?
Currie
115
Where is the basic legislation for FMW?
Under Regulation 492/2011
116
What case showed court decides what is 'employment in public service'?
Sutgiu
117
What kind of relationship did Commission v Belgium demand for public service exception?
'Special relationship of allegiance to the State'
118
Gardella
Justifiability does not mean that the measure is proportionately restrictive on FMW
119
What report embraced the idea of neoclassical economics on FM law?
Spaak Report
120
Satiable Aircraft GmbH judgment
National security to justify but disproportionate and unnecessary
121
What post did they explicitly include inside public service exception in Commission v Belgium?
State Ministers
122
What part of Directive 2003/48 covers notification of decisions?
Article 30
123
Practice of sport falls within EU in so far as it constitutes economic activity
Walrave
124
Articles 32 - 33 Directive 2003/48
Duration of exclusion orders and expulsion
125
Article 29 Directive 2003/48
Public health
126
Kempf
Worker includes those supplementing wage below subsistence with social security
127
Fenoll
Considered French disabled person working in disability rehab centre to be a worker, not a user
128
Saint-Prix general
Left 3 months prior to giving birth, back 3 months after
129
Metock general
Non-EU national, reside lawfully in other Member
130
Article 45 is directly applicable and renders contrary national law inapplicable
Commission v French Republic
131
Foreign language assistant at a uni didn't count as public service
Coonan
132
What case included part-time and paid work for concept of worker?
Levin
133
What case took a broad interpretation of Art 10 Reg 492/11?
Michel S
134
Commission v France on public service
Nurse in private hospital didn't count
135
Morson and Jhanjan general
Dutch for surinamese
136
Dias on right of permanent residence
Residence permit is only evidence of a right of permanent residence - it does not give the right itself
137
Lair
Restrictive interpretation of Art 7(3) Reg 492/11 - not including unis
138
When is direct discrimination very difficult to justify?
When on grounds of nationality
139
Bosman on objective justifications
Sotgiu may also apply to obstacles to MA
140
Not 'sufficiently serious' if host does not have effective measures to combat same conduct by nationals
Adoui and Cornvaille
141
What does Directive 2014/54 do?
Allows migrant workers to access sae judicial procedure as national, at least one body at national level to help EU workers, and better provision of info about rights under Article 45 TFEU and Regulation 492/2011
142
What does there need to be for right of permanent residence under Directive 2004/38?
Continuous lawful residence for 5 years
143
What Article in what Reg allows conditions relating to linguistic knowledge be imposed when required by nature of post?
Article 3(1) Reg 492/11
144
Who can claim 'social advantages' under Art 7 Reg 492/11?
Workers and families covered by Directive 2004/38
145
what is the economic objective of FM law?
FM of 'factors of productions' through labour and capital, creating more efficient markets according to neoclassical economics
146
Article 27(2) Directive 2003/48
Measures under Article 45(3) TFEU must be proportional and based exclusively on personal conduct, which presents a 'genuine, present and sufficiently serious threat' to fundamental societal interests
147
Who said Metock is 'surely a fair result'?
Currie
148
Michel S on Article 7(2)
Limited reading - concerned only benefits linked with employment
149
What case gave a limited reading of Article 7(2) Regulation 492/2011?
Michel S
150
Las v PSA Antwerp judgment
Impermissible restriction despite aiming to encourage use of Dutch as less restrictive means available
151
What did Directive 2004/38 do to all previous legislation?
Consolidated it
152
Collins on Article 7(3) Directive 2004/38
Rights linked to 'worker' status may continue after employment ends, but not for an excessive period.
153
What EU instrument confirms Article 10 Reg 492/11 case law?
Article 12(3) Directive 2004/38
154
What part of Directive 2003/48 covers expulsion?
Article 28
155
CPM Meeusen v Hoofddirectie
Spouse can employ another spouse as worker
156
What case ruled out dual regulatory burdens, counting them as indirect discrimination?
Commission v Portugal
157
Rights exist under Article 45 when SEEKING works
Antonissen
158
Trainee teacher didn't count as public service
Lawrie-Blum
159
Giersch
Residence requirement for financial aid for higher education unnecessarily restrictive
160
Ugliola
Impermissible discrimination by counting military service for seniority under Article 7(2)
161
What does Chapter 3 of Regulation 492/2011 cover?
Established Advisory and Technical Committee made up of Member States' reps for close cooperation
162
What Article Establishes FMW, Direct effect?
Article 45 TFEU
163
Brown on workers
If work is temporary solely to qualify for educational course, different rights to a fully-fledged worker - no ancillary employment to main purpose of study
164
What are the high stakes in the area of FMW?
Perceived function and role of 'single market' project and EU as a whole
165
Why is it hard for ECJ to interpret Article 45(4) restrictively?
'Widespread view that functioning of the public service is an exercise of full-state sovereignty'
166
What Article covers General principle on prohibiting discrimination on grounds of nationality
Article 18 TFEU
167
How did court distinguish from Bettray in Trojani?
Indefinite period in Trojani case, but not here - social reintegration ITSELF could not remove employment from being considered as such
168
What do Articles 32 - 33 Directive 2003/48 allow?
Expulsion order can be lifted after reasonable period if there is a material change in circumstances justifying exclusion
169
What Article allows P and Council to adopt secondary legislation to bring about freedoms in Article 45?
Article 46
170
What is excluded from Article 7(3) Directive 2004/38?
Voluntary unemployment
171
Adoui and Cornvaille on Article 28
Need comparability in treatment of nationals and non-nationals
172
What is indirect discrimination and according to what case?
'intrinsically liable' to affect migrant workers more than nationals: O'Flynn v Adjudication Officer
173
Mancini on Article 45(4)
'Widespread view that functioning of the public service is an exercise of full-state sovereignty'
174
Commission v French Republic
Article 45 is directly applicable and renders contrary national law inapplicable
175
What case showed tensions between ECJ 'rights-based' vision of FM and Members' desire to exercise 'first access control'?
Metock
176
What does Chapter 1 of Regulation 492/2011 cover?
Three titles on eligibility for employment, equality of treatment within employment and workers' families
177
Commission v Belgium public service general
belgian nationality for local authority/public undertakings
178
What case covers indirect discrimination?
Kalliope Schoning-Kougebetopoulou
179
Van Duyn on Article 28
No criminalisation needed of socially harmful organisation to justify restrictive action
180
What can a Member require under Article 29 Directive 2003/48?
Medical examination prior to 3 months, but can't be a routine procedure
181
When can a Member refuse to give full and precise info under Article 30 Directive 2003/48?
When it would be contrary to public security
182
Saint-Prix judgment
Retained status as long as 'reasonable period'
183
Morson and Jhanjan shows what?
Harshness of Saunders ruling
184
Article 45(3) TFEU general
Refusal of employment, entry/residence or expulsion on grounds of public policy, security and health
185
When does Article 18 TFEU apply?
When there is a lack of a more specific Treaty provision
186
Levin v Staatssecretaris Justitie
FM is about social progress through economic prosperity
187
What does Chapter 2 of Regulation 492/2011 cover?
Detailed provisions requiring cooperation between various bodies
188
What kind of test is the two-stage one from Commission v Belgium?
functional test
189
Residence requirement for financial aid for higher education unnecessarily restrictive
Giersch
190
Article 56 TFEU
FMS - only temporarily based in host, unlike FME (Article 49)
191
How have the Commission helped with public service exception?
Published guidance document on state functions that would probably fall within/outside testt
192
What aren't the rights in Treaty conditional on?
Satisfaction of formalities in Directive 2003/48
193
Spaak Report
Embraced idea of neoclassical economics on FM law
194
Levin on purpose of 'worker' for obtaining work
Immaterial
195
Belgian nationality for local authority/public undertakings
Commission v Belgium
196
What Article covers free movement of services?
Article 56 TFEU
197
'Widespread view that functioning of the public service is an exercise of full-state sovereignty'
Mancini
198
What case shows a broadening in the address of Article 45 TFEU?
Bosman
199
What case said Article 7(3) does not give an exhaustive list of circumstances when migrant will continue to benefit from prior employment?
Saint-Prix
200
AG Slynn in Levin
Noted increasing dependence on part-time work would mean its exclusion to protect social security would affect many people
201
Name two cases on jobseekers concerning Art.45?
Ex p Antonissen and Collins
202
Worker employed in another member then returning to origin can invoke Article 45
Terhoeve
203
Levin general
Chambermaid below minimum wage, personal fund
204
How many Members intervened in Metock?
10
205
What was legitimate in principle in Giersche?
Condition on financial aid for higher education
206
What Article is seen as Specific application of general principle in Article 18 TFEU?
Article 45 TFEU
207
Threat must affect fundamental societal interest before it can justify restriction of FM
Bouchereau
208
What case further refines Adoui and Cornvaille on Article 28?
Olazabal
209
What is the political objective of FM law
Creating an EU political identity - fundamental rights of all EU citizens
210
What shows that rights in Treaty aren't condition on satisfying Directive 2003/48 formalities?
Provisions allow states to impose proportionate non-discriminatory penalties for non-satisfaction
211
Articles 27 - 33 Directive 2003/48
Elaborates on Refusal of employment, entry/residence or expulsion on grounds of public policy, security and health from Article 45(3) TFEU
212
Dutch for surinamese
Morson and Jhanjan
213
Bosman on Article 45
Applies to associations that are neither state nor public bodies (HDE)
214
no ancillary employment to main purpose of study
Brown
215
Orfanopoulos
When considering proportionality, court should look to nature and seriousness of offence, length of residence, family circumstances and period since commission of offence
216
No deportation as part of general preventative programme
Calfa
217
What case suggested purpose of work is crucial, in contrast with Levin?
Bettray
218
What case shows justifications under Article 45 don't extend to discrimination within public service, only admission?
Sutgiu
219
Walrave
Practice of sport falls within EU in so far as it constitutes economic activity
220
Lawrie-Blum on Commission v Belgium
Two requirements are cumulative, not alternative
221
Rights linked to 'worker' status may continue after employment ends, but not for an excessive period.
Collins on Article 7(3) Directive 2004/38
222
Akrich
there is no 'abuse of rights' where couple move to avoid internal problem from Saunders
223
Bosman general
Footballers fee
224
Impermissible discrimination by counting military service for seniority under Article 7(2)
Ugliola
225
What Article covers Freedom of establishment - FM of self-employed and companies
Article 49 TFEU
226
Name at least two precedents which were codified by Article 27(2) Directive 2003/48
Bouchereau; Calfa; Adoui and Cornvaille
227
Article 7(3) Directive 2004/38
Covers former workers of at least one year who are now unemployed and registered with jobseekers
228
Marsman v Rosskamp
Legal protection against dismissal for disabled limited to nationals
229
What case showed No criminalisation needed of socially harmful organisation to justify restrictive action under Article 28 Directive 2003/48
Van Duyn
230
How can indirect discrimination be justified?
If shown to be on grounds unconnected with nationality discrimination
231
Members retain a discretion in public policy and security exceptions as there is no 'uniform code of values' imposed by EU law
Jany on exceptions to Article 45 TFEU
232
Commission v Italy on public service exception
Only duties of management/advising State on technical/scientific questions qualified as public employment
233
Sotgiu on objective justifications
Indirect discrimination can be justified on grounds not covered in Article 45
234
Bouchereau
Threat must affect fundamental societal interest before it can justify restriction of FM
235
Schiebel Aircraft GmbH general
Authorisation for weapons trade on condition of managing partner being Austrian national
236
Articles 22-26 Directive 2004/38
Conditions under which right of permanent residence is to be enjoyed
237
Unacceptable justification for restriction of FM if purely on economic grounds
Rockler
238
Give two examples of factors courts will have regard to when deciding Article 28
Health and age
239
What AG in Levin noted disadvantage of excluding part-time work from concept of worker?
AG Slynn
240
Michel S on Article 10 Reg 492/11
Broad interpretation - included benefit for disabled nationals
241
Singh judgment
Indian can claim rights of residence through being the spouse of an EU worker
242
Private employers can't discriminate on grounds of nationality
Angonese
243
What case shows how individuals can get around the Saunders ruling on purely internal situations?
Terhoeve - leave to work in another Member then return
244
What have the ECJ been resistant to in public service exception?
Members defining derogation in institutional terms by reference to 'public serctor'
245
Kalliope Schoning-Kougebetopoulou general
Greek health service - years not counted in Germany
246
What Directive allows migrant workers to access same judicial procedures as nationals?
Directive 2014/54
247
Ninni-Oreschi on Art 7(3)
No such thing as 'abusively creating' situation where C becomes worker, although length of work may be relevant to see if sole aim was for student assistance
248
Groener general
Art teacher, Irish
249
Laurie-Blum judgment
Objective interpretation of 'genuine and effective economic activity', and need to take direction from X to provide services for which he receives remuneration
250
Olazabal
Measures under Article 28 Directive 2003/48 need not treat nationals and non-nationals identically, just comparably (Adoui and Cornvaille)
251
What does Jany confirm about Articles 27 - 33 Directive 2003/48 and Article 45(3) TFEU?
Members retain a discretion in public policy and security exceptions as there is no 'uniform code of values' imposed by EU law
252
Article 45(4)
Public service exception
253
What is a precondition for Article 18 TFEU?
Case needs to come within scope of application of Treaties
254
FMW Regulations 492/2011 for non-economically active individuals
Social security entitlements
255
What case took Lawrie-Blum further?
Steymann v Staatsecretaris
256
Singh general
indian British Germany work
257
Sutgiu
Court decides what is 'employment in public service' and justification does not extend to discrimination within public service, only admission
258
Bosman judgment
Prevented C from being employed by French club - non-discriminatory but hindered access
259
Why is there no secondary legislation to clarify public service exception?
Fears that Members will use it to undermine the case law
260
Not a worker if work is 'merely a means of rehabilitation'
Bettray
261
Saunders
No reliance on Art.45 when all elements of the case are purely internal
262
What Directive covers FM of even non-economically active individuals?
Directive 2004/38
263
When can an expulsion order be a penalty or legal consequence of a custodial sentence?
When covered in Articles 27 - 29
264
What EU measure introduced right of permanent residence?
Directive 2004/38
265
Article 18 TFEU
General principle on prohibiting discrimination on grounds of nationality
266
Benefits are no longer an advantage to a worker when child is 21 and not dependent - Art 7
Lebon
267
Job-seekers only benefit from certain provisions, although equal treatment in access to employment should include right to apply for job-seekers allowance under same rules as national
Collins on Art.45
268
Articles 16-18 Directive 2004/38
Conditions to enjoy right of permanent residence
269
What case stated there is no indefinite right to look for a job, despite extended 'offer of employment actually made' in Art.45 to jobseekers?
R v Immigration Tribunal, ex p Antonissen
270
When was EU citizenship added to TFEU?
1993
271
Negative tax consequences
Weigel
272
Name four things which supplement Regulation 492/2011
Directive 2014/54, Decision 2003/8, growing body of soft law and guidance, and Directive 2004/38
273
What case emphasised that there is a need for objective justifications to comply with non-discrimination?
Erny
274
What case said no such thing as 'abusively creating' situation where C becomes worker for Art 7(3) Reg 492/11
Ninni-Oreschi
275
What Article does Regulation 492/2011 flesh out?
Article 45
276
Lawrie-Blum on public service posts
Not a trainee teacher
277
Sporadic exercise of public powers didn't count as public service
Colegio de Oficiales de la Marina Mercante Espanola v Administracion del Estado
278
Private security guards
Commission v Italy
279
Article 31 Directive 2003/48
Procedural safeguards
280
Articles 19-21 Directive 2004/38
Administrative formalities of right of permanent residence
281
Indirect discrimination can be justified on grounds not covered in Article 45
Sotgiu
282
What Directive works to reduce gap between theory and reality on FMW?
Directive 2014/54
283
Erny
Accepted right to negotiate collective agreements as part of justification for FM restriction, but needed to comply with non-discrimination
284
How can one distinguish between Las v PSA and Groener?
In Las, there was a less restrictive means available
285
Kalliope Schoning-Kougebetopoulou judgment
Indirect discrimination
286
What case confirmed 'worker' concept is autonomous
Hoekstra
287
What is neoclassical economics?
The creation of more efficient markets
288
Antonissen on Article 45
Rights exist when SEEKING work
289
Graf
No obstacle to access employment market by removing compensation for voluntary termination of a job
290
Ninn-Oraschi
Irrelevant if C 'abused' EU rights to gain 'worker' status
291
Thought Maastricht Treaty's emphasis on traditional notion of loyalty might reduce importance of PS exception
O'Keefe
292
What case made it clear that SAs will not be recognised outside FMG
Bosman
293
What does Article 31 Directive 2003/48 provide?
Judicial access and administrative redress when appropriate
294
Bettray
Not a worker if work is 'merely a means of rehabilitation' - purpose crucial, despite being irrelevant in Levin
295
Baumbat and R on Article 10 Reg 492/11
Children can remain in host to complete even if parents return and education system in origin is compatible
296
Commission v Portugal
No 'dual regulatory burden', i.e. not recognising appropriate non-host state qualifications
297
Who provides soft law and guidance to supplement Regulation 492/2011?
Commission and experts
298
Calfa
No deportation as part of general preventative programme
299
Article 30 Directive 2003/48
Notification of decisions
300
Article 7(3) Reg 492/11
Equal access to training in vocational schemes and retraining centres
301
Olympique Lyonnais SASP v Olivier Bernard judgment
Aim of payment was not to train but damages calculated by total loss suffered, and thus unjustifiable
302
What part of Directive 2003/48 covers procedural safeguards?
Article 31
303
FM is about social progress through economic prosperity
Levin v Staatssecretaris Justitie
304
Olympique Lyonnais SASP v Olivier Bernard general
Damages to football training club
305
What part of Directive 2003/48 covers duration of exclusion orders and expulsion?
Articles 32 - 33
306
Casagrande
Article 10 Reg 492/11 applied to 'any general measures intended to facilitate educational attendance'
307
Lebon
Benefits are no longer an advantage to a worker when child is 21 and not dependent - Art 7
308
What are the three overarching objectives of free movement law?
Economic, social and EU political identity
309
Currie on Metock
Recognises reality of family life in context of mobility
310
Residence permit is only evidence of a right of permanent residence - it does not give the right itself
Dias
311
What case shows there is no 'abuse of rights' where couple move to avoid internal problem from Saunders?
Akrich
312
Jany v Staatssecretaris
Need relationship of subordination to distinguish from self-employment under Article 49
313
What does Regulation 492/2011 mention which Article 45 does not?
Families of EU workers
314
Minister Public v Even general
Retirement-pension for WW2 service, Allied nation
315
Directive 2004/38, Article 35
Members can refuse right in the case of 'abuse or fraud', although no case law further than 'sham marriages'
316
Member needs to give EU national without relevant docs every opportunity to obtain them/prove right of residence
MRAX
317
What case limits Van Duyn on Article 28?
Adoui and Cornvaille
318
Articles 13(1) and (2) Directive 2004/38
No affect of divorce on EU nationals and retaining right of residence for non-EU if relationship at least 3 years, where they have custody of EU national's children, where circumstances warrant it or court rules their right of access to minor must be in host state
319
What case gives the ECJ test for public service exceptions?
Commission v Belgium
320
No obstacle to access employment market if there is deterrence without discrimination
Weigel
321
Article 3(1) Regulation 492/11
Allows 'conditions relating to linguistic knowledge' when required by nature of post
322
Most members have adapted national rules to comply with functional approach towards PS
Ziller
323
What did Saint-Prix say of Article 7(3)
Retain worker status as long as reasonable period and not an exhaustive list of circumstances when migrant will continue to benefit from prior employment
324
Name at least two exceptions to broad view court generally give to concept of 'worker'?
Bettray, Trojani, Jany, Brown and Ninn-Oraschi
325
Directive 2004/38 general
On rights of movement and residence of EU workers, as well as FM of pensioners, students and 'others'
326
Morson and Jhanjan judgment
Dutch nationals could claim for Surinamese parents to gain residence, but if they hadn't been Dutch they could have relied on Art. 10 Directive 2004/38
327
Trojani on workers
Need to be 'part of the normal labour market'
