FM Workers Flashcards
What is a worker?
Hoekstra - Union definition needed
Lawrie bloom - teacher training not allowed to do practical - providing a service, directed by someone else, for some remuneration
Levin - engaged in genuine economic activity part time is fine
Remuneration
Not only money - steymann (charity worker), doesnt have to be enough to live on - kempf (part time flute)
Does art 45 have horizontal/vertical direct effect?
Yes - Angonese case - german/italian speaking german national, sought work in italy but was refused as didnt have the ‘locals only’ certification
Art 45(2) Non discrim equal treatment
Collins - Irish national denied job seekers allowance, held that equal treatment = benefits to facilitate access to the labour market could not be excluded from this - could be limited by time if MS can show why
45(3) Right to reside when seeking work
Antonissen - BE national moves to uk but doesn’t work, gets imprisoned uk seek to deport - challenged as right to remain seeking work
Held yes, applies to non-workers seeking work, but time limits apply (6mo too long)
45(3) limitations (policiy, security, health)
Van duyn v home office - scientologist case - but now direct/immediate threat so would be allowed in - deburca emphasised the need for some sort of compatibility, if not exactly equality
R v bocheareau - french committed crime in uk, sought to deport, have to look at seriousness/time elapsed since crimes
Regulations Name
2011/492
Regulations Key Arts
1) equal access to employment opps
3) national laws limiting FMoW not allowed (bar language)
7) equality for 2) social advantages/tax benefits/ 3) schooling
10) equality for kids of mover in education
Reg art 3 Discrim (think reasonsu)
Groener, most qualified art teacher but didn’t meet irish lang component - held to be ok
Ugliola - DE military service only able to be used as proof - indirect discrim
Discrim - Bosman
Argued that transfer fee rules/uefa non national rules were contrary to art 45 tfeu (belgian club free agent u know this case alex)
Held: Transfer fees post contract expiry = obstacle to FM = contrary to 45,
Nationality rules contrary to 45 as every MS national should be allowed to work in any country - NON-EU quota may still apply
Discrim - Public Security
Comm v Belgium - tried to limit certain posts eg nursing to BE nationals only - indirect discrim
To use art 45 successfully, must involve exercising a public law power and the duty to safeguard State interests
Discrim - Education Beginning
Gravier - FR student in BE charged enrollment, BE students not. Not a ‘worker’, but can still derive treaty rights from vocational training
Held: Art 18 -> increases access to employment, without education, employment opps may be limited, so such charge
Discrim - Education Post Gravier
Blaizot - unis sued for recovery of now held discriminatory enrollment fees, expanded defs of vocational training to be any preparation for work
Discrim - Maintenance Grants
Lair - FR national sought grant in DE, rules were DE national or worked for 5 years beforehand, Lair only worked partially
Held: Regs 2011/492 7 (2) apply, “social advantage is anything that leads to social advancement like maintenance payment which supports access to education, which leads to access to future employment.”
Lair was a worker, however if not a worker, not entitled to maintenance grants - Bidar
