EU Law - Free Movement of Workers Flashcards
Name at least two cases on obstacles to access employment market
Van Lent; Weigel; Bosman; Graf
Article 21(1) TFEU
EU citizenship added in 1993 - freedom to move and reside in EU
Give two cases on Art.3(1) Reg 492/11
Groener and Las v PSA Antwerp
What is the test in the UK for jobseekers?
They need to be ‘actively seeking work’
What is the down-side of Bettray?
Could exclude disabled people in sheltered employment, and isn’t reintegration into workforce helping achieve Treaty aims?
What did Commission say in guidance doc would probably fall outside the PS test?
Teaching, nursing and non-military research in public establishments
Van Lent
Prohibition on use might preclude FMW
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?
Articles 13(1) and (2) Directive 2004/38
What did Commission say in guidance doc would probably fall within the PS test?
Police, armed forced, judiciary and tax authorities
Article 49 TFEU
Freedom of establishment - FM of self-employed and companies
Groener judgment
Justified as stimulated support of language
What case departed from restrictive view of Article 7(2) Reg 492/11 in Michel S?
Cristin v SNCF
Walrave and Kock
Article 45 applies even if work done outside EU, as long as legal relationship of employment is entered within EU
Article 45 TFEU
Establishes FMW, Direct effect
What case supports social objective of FM law?
Levin v Staatssecretaris Justitie
Van Lent general
Car registered other Member
Steymann v Staatsecretaris general
Plumber in Bhagwan Community
When can an individual no longer rely on Article 32 - 33 Directive 2003/48 to life expulsion order?
More than 3 years after expulsion, not a reasonable period or no material change in circumstances
Justifiability does not mean that the measure is proportionately restrictive on FMW
Gardella
Why was an institutional test rejected in Commission v Belgium?
Fear of immunising large sectors of community from FM
What did the court allow in Lair?
Students could use Article 7(2) to claim social advantages when institution not covered under Art 7(3)
Legal protection against dismissal for disabled limited to nationals
Marsman v Rosskamp
Ziller on public service exception
Most members have adapted national rules to comply with functional approach
When were the Internal Market Provisions?
1957
How do the ECJ try to interpret Article 45(4)?
Restrictively
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
Regulation 492/2011
Substantive rights and social advantages
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
Article 10 Reg 492/11
Allowing children of migrant to be admitted to education/apprenticeship/vocational courses as if they were a national
Cristin v SNCF
Departed from restrictive view of Article 7(2) Reg 492/11 - all social and tax advantages
Give at least two cases on direct discrimination
Commission v Italy; Marsman v Rosskamp; Schiebel Aircraft GmbH
Even in the process of divorce, non-working spouses do not lose right of residence until formally dissolved
Diatta
What precedents did Article 27(2) Directive 2003/48 codify?
Adoui and Cornvaille; Calfa; Bouchereau
What case required ‘sufficiently close link’ for Article 45 to apply to professional activities outside EU
Petersen
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
‘Advantage’ for Article 7(2) Reg 492/22 is not by reason primarily of his status as a worker
Ministère public v Even
Article 46
allows P and Council to adopt secondary legislation to bring about freedoms in Article 45
What kind of effect does Article 45 TFEU have?
Direct
What case suggested relationship of subordination is needed to distinguish Article 45 from self-employment under Article 48?
Jany v Staatssecretaris
Petersen
Article 45 applies to professional activities outside EU as long as relationship had ‘sufficiently close link’ with EU
Only duties of management/advising State on technical/scientific questions qualified as public employment
Commission v Italy
Irrelevant if C ‘abused’ EU rights to gain ‘worker’ status
Ninn-Oraschi
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
Worker includes those supplementing wage below subsistence with social security
Kempf
Coonan on public service
Not a foreign language assistant at a university
What Article added EU citizenship, and to what Treaty?
Article 21(1) TFEU
R v Immigration Tribunal, ex p Antonissen general
Drug offence
What Regulation specifically restricts Article 45 and how?
Regulation 492/2011 - restricters ‘worker’ to someone who is a national of a Member
The Citizenship Directive is what Directive?
Directive 2004/38
Article 10 Reg 492/11 applied to ‘any general measures intended to facilitate educational attendance’
Casagrande
Chambermaid
Levin
Las v PSA Antwerp general
Flanders contracts in Dutch
Article 28 Directive 2003/48
Expulsion
Plumber in Bhagwan Community
Steymann v Staatsecretaris
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
Article 10 Reg 492/11 applied to those over 21 and non-dependent to let them complete their studies
Gaal
Accepted right to negotiate collective agreements as part of justification for FM restriction, but needed to comply with non-discrimination
Erny
Rockler
Unacceptable justification for restriction of FM if purely on economic grounds
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
What case suggested HDE of Article 45?
Bosman
What did the case of Bosman make clear?
Obstacles to access are not comparable to rules on SAs
What part of Directive 2003/48 covers public health?
Article 29
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
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
Adoui and Cornvaille
Not ‘sufficiently serious’ if host does not have effective measures to combat same conduct by nationals
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
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
Collins general
Employment 17 years ago
Levin on worker
Included part-time and paid work
Sotgiu may also apply to obstacles to MA
Bosman
R v Immigration Tribunal, ex p Antonissen judgment
Extended ‘offer of employment actually made’ and rejected literal interpretation of Art.45
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
MRAX
Member needs to give EU national without relevant docs every opportunity to obtain them/prove right of residence
Who is Article 45 TFEU primarily directed towards?
Members
When can there no longer be expulsion under Article 29?
3 months after arriving
Hoekstra on ‘worker’
Autonomous concept - someone who ‘pursues employment activities which are effective and genuine’ and not purely ‘marginal and ancillary’
What case suggests a relaxation of the rehab idea from Bettray?
Fenoll
Lawrie-Blum general
Trainee teacher
How did Bosman broaden address of Article 45 TFEU?
Includes bodies who determine general labour market rules
Prohibition on use might preclude FMW and be an obstacle to access employment market
Van Lent
What section of what measure elaborates on Members right to impose restrictions on Article 45(3) TFEU?
Articles 27 - 33 Directive 2003/48
Weigel general
Negative tax consequences
What case took an objective interpretation of ‘genuine and effective economic activity’?
Lawrie-Blum
Angonese
Private employers can’t discriminate on grounds of nationality
Directie 2014/54 general
Enforcement - reducing gap between theory and reality
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
Gaal
Article 10 Reg 492/11 applied to those over 21 and non-dependent to let them complete their studies
What Directive demands better provision of info about rights under Article 45 TFEU and Regulation 492/2011
Directive 2014/54
Article 45 applies to professional activities outside EU as long as relationship had ‘sufficiently close link’ with EU
Petersen
No reliance on Art.45 when all elements of the case are purely internal
Saunders
Metock judgment
Unlawful to require non-EU national to reside elsewhere lawfully before residence in host
Equal access to training in vocational schemes and retraining centres
Article 7(3) Reg 492/11
Spouse can employ another spouse as worker
CPM Meeusen v Hoofddirectie
Extended ‘offer of employment actually made’ and rejected literal interpretation of Art.45
R v Immigration Tribunal, ex p Antonissen
Directive On rights of movement and residence of EU workers
Directive 2004/38
Commission v Italy judgment
Only Italian security firms hiring Italian nationals could hire out private security guards
Commission v Italy general
Private security guards
Article 7(2) Regulation 492/2011
Provides some tax and social advantages
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
Colegio de Oficiales de la Marina Mercante Espanola v Administracion del Estado
Sporadic exercise of public powers didn’t count as public service
Terhoeve
Worker employed in another member then returning to origin can invoke Article 45
Article 18 TFEU
Subsidiarity general principle of non-discrimination on grounds of nationality
Ministère Public v Even judgment
No discrimination or ‘social advantage’ - advantage is not by reason primarily of his status as a worker
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
What case took a restrictive interpretation of Art 7(3) Reg 492/11?
Lair
Weigel judgment
No obstacle to access employment market if there is deterrence without discrimination
Nurse in private hospital didn’t count as public service
Commission v France
What two secondary legislation instruments permit FM of even non-economically active individuals?
FMW Regulation 492/2011 and Directive 2004/38
Diatta
Even in the process of divorce, non-working spouses do not lose right of residence until formally dissolved
Need to be ‘part of the normal labour market’
Trojani
What is the social objective of FM law?
Improving living conditions so EU nationals can follow work and ‘ever closer union of peoples’
What is Article 45 TFEU seen as?
Specific application of general principle in Article 18 TFEU
What are the three derogations allowed under Article 45 TFEU?
On grounds of public policy, public security or health
Who thought Metock might politically be the straw that broke the camel’s back, despite legal justification?
Currie
Where is the basic legislation for FMW?
Under Regulation 492/2011
What case showed court decides what is ‘employment in public service’?
Sutgiu
What kind of relationship did Commission v Belgium demand for public service exception?
‘Special relationship of allegiance to the State’
Gardella
Justifiability does not mean that the measure is proportionately restrictive on FMW
What report embraced the idea of neoclassical economics on FM law?
Spaak Report
Satiable Aircraft GmbH judgment
National security to justify but disproportionate and unnecessary
What post did they explicitly include inside public service exception in Commission v Belgium?
State Ministers
What part of Directive 2003/48 covers notification of decisions?
Article 30
Practice of sport falls within EU in so far as it constitutes economic activity
Walrave
Articles 32 - 33 Directive 2003/48
Duration of exclusion orders and expulsion
Article 29 Directive 2003/48
Public health
Kempf
Worker includes those supplementing wage below subsistence with social security
Fenoll
Considered French disabled person working in disability rehab centre to be a worker, not a user
Saint-Prix general
Left 3 months prior to giving birth, back 3 months after
Metock general
Non-EU national, reside lawfully in other Member
Article 45 is directly applicable and renders contrary national law inapplicable
Commission v French Republic
Foreign language assistant at a uni didn’t count as public service
Coonan
What case included part-time and paid work for concept of worker?
Levin
What case took a broad interpretation of Art 10 Reg 492/11?
Michel S
Commission v France on public service
Nurse in private hospital didn’t count
Morson and Jhanjan general
Dutch for surinamese
Dias on right of permanent residence
Residence permit is only evidence of a right of permanent residence - it does not give the right itself
Lair
Restrictive interpretation of Art 7(3) Reg 492/11 - not including unis
When is direct discrimination very difficult to justify?
When on grounds of nationality
Bosman on objective justifications
Sotgiu may also apply to obstacles to MA
Not ‘sufficiently serious’ if host does not have effective measures to combat same conduct by nationals
Adoui and Cornvaille
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
What does there need to be for right of permanent residence under Directive 2004/38?
Continuous lawful residence for 5 years
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
Who can claim ‘social advantages’ under Art 7 Reg 492/11?
Workers and families covered by Directive 2004/38
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
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
Who said Metock is ‘surely a fair result’?
Currie
Michel S on Article 7(2)
Limited reading - concerned only benefits linked with employment
What case gave a limited reading of Article 7(2) Regulation 492/2011?
Michel S
Las v PSA Antwerp judgment
Impermissible restriction despite aiming to encourage use of Dutch as less restrictive means available
What did Directive 2004/38 do to all previous legislation?
Consolidated it
Collins on Article 7(3) Directive 2004/38
Rights linked to ‘worker’ status may continue after employment ends, but not for an excessive period.
What EU instrument confirms Article 10 Reg 492/11 case law?
Article 12(3) Directive 2004/38
What part of Directive 2003/48 covers expulsion?
Article 28
CPM Meeusen v Hoofddirectie
Spouse can employ another spouse as worker
What case ruled out dual regulatory burdens, counting them as indirect discrimination?
Commission v Portugal
Rights exist under Article 45 when SEEKING works
Antonissen
Trainee teacher didn’t count as public service
Lawrie-Blum
Giersch
Residence requirement for financial aid for higher education unnecessarily restrictive
Ugliola
Impermissible discrimination by counting military service for seniority under Article 7(2)
What does Chapter 3 of Regulation 492/2011 cover?
Established Advisory and Technical Committee made up of Member States’ reps for close cooperation
What Article Establishes FMW, Direct effect?
Article 45 TFEU
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
What are the high stakes in the area of FMW?
Perceived function and role of ‘single market’ project and EU as a whole
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’
What Article covers General principle on prohibiting discrimination on grounds of nationality
Article 18 TFEU
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
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
What Article allows P and Council to adopt secondary legislation to bring about freedoms in Article 45?
Article 46
What is excluded from Article 7(3) Directive 2004/38?
Voluntary unemployment
Adoui and Cornvaille on Article 28
Need comparability in treatment of nationals and non-nationals
What is indirect discrimination and according to what case?
‘intrinsically liable’ to affect migrant workers more than nationals: O’Flynn v Adjudication Officer
Mancini on Article 45(4)
‘Widespread view that functioning of the public service is an exercise of full-state sovereignty’
Commission v French Republic
Article 45 is directly applicable and renders contrary national law inapplicable
What case showed tensions between ECJ ‘rights-based’ vision of FM and Members’ desire to exercise ‘first access control’?
Metock
What does Chapter 1 of Regulation 492/2011 cover?
Three titles on eligibility for employment, equality of treatment within employment and workers’ families
Commission v Belgium public service general
belgian nationality for local authority/public undertakings
What case covers indirect discrimination?
Kalliope Schoning-Kougebetopoulou
Van Duyn on Article 28
No criminalisation needed of socially harmful organisation to justify restrictive action
What can a Member require under Article 29 Directive 2003/48?
Medical examination prior to 3 months, but can’t be a routine procedure
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
Saint-Prix judgment
Retained status as long as ‘reasonable period’
Morson and Jhanjan shows what?
Harshness of Saunders ruling
Article 45(3) TFEU general
Refusal of employment, entry/residence or expulsion on grounds of public policy, security and health
When does Article 18 TFEU apply?
When there is a lack of a more specific Treaty provision
Levin v Staatssecretaris Justitie
FM is about social progress through economic prosperity
What does Chapter 2 of Regulation 492/2011 cover?
Detailed provisions requiring cooperation between various bodies
What kind of test is the two-stage one from Commission v Belgium?
functional test
Residence requirement for financial aid for higher education unnecessarily restrictive
Giersch
Article 56 TFEU
FMS - only temporarily based in host, unlike FME (Article 49)
How have the Commission helped with public service exception?
Published guidance document on state functions that would probably fall within/outside testt
What aren’t the rights in Treaty conditional on?
Satisfaction of formalities in Directive 2003/48
Spaak Report
Embraced idea of neoclassical economics on FM law
Levin on purpose of ‘worker’ for obtaining work
Immaterial
Belgian nationality for local authority/public undertakings
Commission v Belgium
What Article covers free movement of services?
Article 56 TFEU
‘Widespread view that functioning of the public service is an exercise of full-state sovereignty’
Mancini
What case shows a broadening in the address of Article 45 TFEU?
Bosman
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
AG Slynn in Levin
Noted increasing dependence on part-time work would mean its exclusion to protect social security would affect many people
Name two cases on jobseekers concerning Art.45?
Ex p Antonissen and Collins
Worker employed in another member then returning to origin can invoke Article 45
Terhoeve
Levin general
Chambermaid below minimum wage, personal fund
How many Members intervened in Metock?
10
What was legitimate in principle in Giersche?
Condition on financial aid for higher education
What Article is seen as Specific application of general principle in Article 18 TFEU?
Article 45 TFEU
Threat must affect fundamental societal interest before it can justify restriction of FM
Bouchereau
What case further refines Adoui and Cornvaille on Article 28?
Olazabal
What is the political objective of FM law
Creating an EU political identity - fundamental rights of all EU citizens
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
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
Dutch for surinamese
Morson and Jhanjan
Bosman on Article 45
Applies to associations that are neither state nor public bodies (HDE)
no ancillary employment to main purpose of study
Brown
Orfanopoulos
When considering proportionality, court should look to nature and seriousness of offence, length of residence, family circumstances and period since commission of offence
No deportation as part of general preventative programme
Calfa
What case suggested purpose of work is crucial, in contrast with Levin?
Bettray
What case shows justifications under Article 45 don’t extend to discrimination within public service, only admission?
Sutgiu
Walrave
Practice of sport falls within EU in so far as it constitutes economic activity
Lawrie-Blum on Commission v Belgium
Two requirements are cumulative, not alternative
Rights linked to ‘worker’ status may continue after employment ends, but not for an excessive period.
Collins on Article 7(3) Directive 2004/38
Akrich
there is no ‘abuse of rights’ where couple move to avoid internal problem from Saunders
Bosman general
Footballers fee
Impermissible discrimination by counting military service for seniority under Article 7(2)
Ugliola
What Article covers Freedom of establishment - FM of self-employed and companies
Article 49 TFEU
Name at least two precedents which were codified by Article 27(2) Directive 2003/48
Bouchereau; Calfa; Adoui and Cornvaille
Article 7(3) Directive 2004/38
Covers former workers of at least one year who are now unemployed and registered with jobseekers
Marsman v Rosskamp
Legal protection against dismissal for disabled limited to nationals
What case showed No criminalisation needed of socially harmful organisation to justify restrictive action under Article 28 Directive 2003/48
Van Duyn
How can indirect discrimination be justified?
If shown to be on grounds unconnected with nationality discrimination
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
Commission v Italy on public service exception
Only duties of management/advising State on technical/scientific questions qualified as public employment
Sotgiu on objective justifications
Indirect discrimination can be justified on grounds not covered in Article 45
Bouchereau
Threat must affect fundamental societal interest before it can justify restriction of FM
Schiebel Aircraft GmbH general
Authorisation for weapons trade on condition of managing partner being Austrian national
Articles 22-26 Directive 2004/38
Conditions under which right of permanent residence is to be enjoyed
Unacceptable justification for restriction of FM if purely on economic grounds
Rockler
Give two examples of factors courts will have regard to when deciding Article 28
Health and age
What AG in Levin noted disadvantage of excluding part-time work from concept of worker?
AG Slynn
Michel S on Article 10 Reg 492/11
Broad interpretation - included benefit for disabled nationals
Singh judgment
Indian can claim rights of residence through being the spouse of an EU worker
Private employers can’t discriminate on grounds of nationality
Angonese
What case shows how individuals can get around the Saunders ruling on purely internal situations?
Terhoeve - leave to work in another Member then return
What have the ECJ been resistant to in public service exception?
Members defining derogation in institutional terms by reference to ‘public serctor’
Kalliope Schoning-Kougebetopoulou general
Greek health service - years not counted in Germany
What Directive allows migrant workers to access same judicial procedures as nationals?
Directive 2014/54
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
Groener general
Art teacher, Irish
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
Olazabal
Measures under Article 28 Directive 2003/48 need not treat nationals and non-nationals identically, just comparably (Adoui and Cornvaille)
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
Article 45(4)
Public service exception
What is a precondition for Article 18 TFEU?
Case needs to come within scope of application of Treaties
FMW Regulations 492/2011 for non-economically active individuals
Social security entitlements
What case took Lawrie-Blum further?
Steymann v Staatsecretaris
Singh general
indian British Germany work
Sutgiu
Court decides what is ‘employment in public service’ and justification does not extend to discrimination within public service, only admission
Bosman judgment
Prevented C from being employed by French club - non-discriminatory but hindered access
Why is there no secondary legislation to clarify public service exception?
Fears that Members will use it to undermine the case law
Not a worker if work is ‘merely a means of rehabilitation’
Bettray
Saunders
No reliance on Art.45 when all elements of the case are purely internal
What Directive covers FM of even non-economically active individuals?
Directive 2004/38
When can an expulsion order be a penalty or legal consequence of a custodial sentence?
When covered in Articles 27 - 29
What EU measure introduced right of permanent residence?
Directive 2004/38
Article 18 TFEU
General principle on prohibiting discrimination on grounds of nationality
Benefits are no longer an advantage to a worker when child is 21 and not dependent - Art 7
Lebon
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
Articles 16-18 Directive 2004/38
Conditions to enjoy right of permanent residence
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
When was EU citizenship added to TFEU?
1993
Negative tax consequences
Weigel
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
What case emphasised that there is a need for objective justifications to comply with non-discrimination?
Erny
What case said no such thing as ‘abusively creating’ situation where C becomes worker for Art 7(3) Reg 492/11
Ninni-Oreschi
What Article does Regulation 492/2011 flesh out?
Article 45
Lawrie-Blum on public service posts
Not a trainee teacher
Sporadic exercise of public powers didn’t count as public service
Colegio de Oficiales de la Marina Mercante Espanola v Administracion del Estado
Private security guards
Commission v Italy
Article 31 Directive 2003/48
Procedural safeguards
Articles 19-21 Directive 2004/38
Administrative formalities of right of permanent residence
Indirect discrimination can be justified on grounds not covered in Article 45
Sotgiu
What Directive works to reduce gap between theory and reality on FMW?
Directive 2014/54
Erny
Accepted right to negotiate collective agreements as part of justification for FM restriction, but needed to comply with non-discrimination
How can one distinguish between Las v PSA and Groener?
In Las, there was a less restrictive means available
Kalliope Schoning-Kougebetopoulou judgment
Indirect discrimination
What case confirmed ‘worker’ concept is autonomous
Hoekstra
What is neoclassical economics?
The creation of more efficient markets
Antonissen on Article 45
Rights exist when SEEKING work
Graf
No obstacle to access employment market by removing compensation for voluntary termination of a job
Ninn-Oraschi
Irrelevant if C ‘abused’ EU rights to gain ‘worker’ status
Thought Maastricht Treaty’s emphasis on traditional notion of loyalty might reduce importance of PS exception
O’Keefe
What case made it clear that SAs will not be recognised outside FMG
Bosman
What does Article 31 Directive 2003/48 provide?
Judicial access and administrative redress when appropriate
Bettray
Not a worker if work is ‘merely a means of rehabilitation’ - purpose crucial, despite being irrelevant in Levin
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
Commission v Portugal
No ‘dual regulatory burden’, i.e. not recognising appropriate non-host state qualifications
Who provides soft law and guidance to supplement Regulation 492/2011?
Commission and experts
Calfa
No deportation as part of general preventative programme
Article 30 Directive 2003/48
Notification of decisions
Article 7(3) Reg 492/11
Equal access to training in vocational schemes and retraining centres
Olympique Lyonnais SASP v Olivier Bernard judgment
Aim of payment was not to train but damages calculated by total loss suffered, and thus unjustifiable
What part of Directive 2003/48 covers procedural safeguards?
Article 31
FM is about social progress through economic prosperity
Levin v Staatssecretaris Justitie
Olympique Lyonnais SASP v Olivier Bernard general
Damages to football training club
What part of Directive 2003/48 covers duration of exclusion orders and expulsion?
Articles 32 - 33
Casagrande
Article 10 Reg 492/11 applied to ‘any general measures intended to facilitate educational attendance’
Lebon
Benefits are no longer an advantage to a worker when child is 21 and not dependent - Art 7
What are the three overarching objectives of free movement law?
Economic, social and EU political identity
Currie on Metock
Recognises reality of family life in context of mobility
Residence permit is only evidence of a right of permanent residence - it does not give the right itself
Dias
What case shows there is no ‘abuse of rights’ where couple move to avoid internal problem from Saunders?
Akrich
Jany v Staatssecretaris
Need relationship of subordination to distinguish from self-employment under Article 49
What does Regulation 492/2011 mention which Article 45 does not?
Families of EU workers
Minister Public v Even general
Retirement-pension for WW2 service, Allied nation
Directive 2004/38, Article 35
Members can refuse right in the case of ‘abuse or fraud’, although no case law further than ‘sham marriages’
Member needs to give EU national without relevant docs every opportunity to obtain them/prove right of residence
MRAX
What case limits Van Duyn on Article 28?
Adoui and Cornvaille
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
What case gives the ECJ test for public service exceptions?
Commission v Belgium
No obstacle to access employment market if there is deterrence without discrimination
Weigel
Article 3(1) Regulation 492/11
Allows ‘conditions relating to linguistic knowledge’ when required by nature of post
Most members have adapted national rules to comply with functional approach towards PS
Ziller
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
Name at least two exceptions to broad view court generally give to concept of ‘worker’?
Bettray, Trojani, Jany, Brown and Ninn-Oraschi
Directive 2004/38 general
On rights of movement and residence of EU workers, as well as FM of pensioners, students and ‘others’
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
Trojani on workers
Need to be ‘part of the normal labour market’
