FMP - Cases/facts Flashcards
Article 45
Free movement of workers
Article 21
Free movement of person
D2004/38
Governing free movement of persons (largely through rights of workers)
R492/2011
Regulation governing social and tax benefits to workers
D2005/36
Recognition of foreign workers qualifications
Lawrie-Blum, 3 part test for worker
British national who was training to be a teacher. German authorities claimed she was not a worker. CJ identified 3 essential criteria for employment; perform services, for and under direction of another and in return for remuneration
Levin
Work must be an ‘effective and geunine’ economic activity, not merely ‘marginal or ancillary’
Procureur du Roi v Royer
Extended scope of art 45 to those seeking work
What cases demonstrate the ide interpretation of a genuine economic activity?
Walgrave & Koch
Bosman
Steymann
Bettray
Not geunine economic activity as not for remuneration, but as part of rehabilitation program
Antonissen
UK tried to deport an Italian seeking work in the UK as had been unemployed for 6 months. CJ held that you cannot deport anyone who is economically active, genuinely seeking work and has a realistic chance of getting it
Collins
No job seekers allowance for foreign unemployed and other associated benefits
JIa
Dependant means someone who needs material support.
Hoekstra
CJ definition of worker, not MS definition, as could contrue definition tightly, meaning not great FMP
Kempf
Music teacher who worked part time in Netherlands could claim social security benefits and be considered a worker, even though part-time worker as his work was considered genuine and effective
Diatta
Sengalese national and French national separated. Allowed to reside in MS as had not divorced
Sandhu
Non-EU citizen and EU citizen divorced. Husband and child moved to Germany. Non-EU citizen no-longer allowed to reside in UK
- What are the 4 circumstances where a non-EU citizen can stay in the MS after divorce?
a. Marriage has lasted 3 years
b. Has custody of kids
c. Divorce or termination was result of difficult circumstances (domestic violence)
d. Court ordered access to a minor in the MS
Comm v France (French Seamen)
all workers on French Merchant navy had to be French, therefore protectionist
Groener
Couldn’t be teacher in Ireland as couldn’t speak Irish (protectionist, however justified as cultural protection of Irish language
Article 18
Non-discrimination on basis of nationality
Artile 7(2) Regulation 492/2011
Non-national workers are entitled to the same social and tax advantages as workers
Ugliola
Didn’t recognise his military service in Italy in regards to pension, held to be discriminatory.
Cristini v SNCF
Special fare reductions. All social and tax advantages must be of some benefit to the worker
Brown
Non-nationals entitled to same educational rights other than educational grants
Gul
Right of family members of EU citizens to work in MS. Gul was qualified Dr who was not allowed to work
- Article 45(3) TFEU Rights of workers are subject to limitations justified on grounds of
a. public policy,
b. public security or
c. public health
Rutilli
Engaged a strike, put him into internal exile but couldn’t expel Rutili as not doing anything wrong. Expulsion breached article 45
Bouchereau
French cocaine dealer, expelled by UK, justified as no other skills so would go back to cocaine dealing. Cannot be deported on criminal convictions alone, must represent a present threat to public policy
Bonsignore
Shot brother, so deported from France Bonsignore, however he had been acquitted. Thought he was risk of organised crime Not allowed to deport as he had been acquitted. Only allowed to be deported in constitute a future risk of a breach or public policy or security that would affect a fundamental interest of society
Astrid Proll
Reformed terrorist. Spent convictions are not ground for deportation
Van Duyn v Home Office
Exclusion ust be based on the conduct of the individual (scientology)
Donatella Calfa
Blanket ruling on deportation of any non-national for possession o drugs. Not permitted as did not take into account personal conduct
Adoui & COurnaille
Tried to deport 2 French prostitutes in Belgium, but couldn’t be deported as prostitution not illegal in Belgian
- What are the restrictions placed on the derogations of art 45(3), found in art 27 D2004/38?
a. Proportional
b. Personal conduct
c. Shall not be invoked to satisfy economic ends
d. Shall not be based exclusively on previous criminal convictions
e. The personal conduct of the individual must represent a genuine, present and sufficiently serious threat to one of the fundamental interests of society
Commission v Belgium (Public Employees)
Restriction of public employment where would involve exercise of powers conferred by law, or a duty to safeguard an interest of the state
Gravier
Cannot discriminate against non-nationals in regard to access to vocational training
Blaizot v Liege
University study can fall under remit of vocational training depending on course. So non-nationals must be afforded same benefits as nationals in relation to university.
