FMP - Cases/facts

Question 1

Article 45

Answer 1

Free movement of workers

Question 2

Article 21

Answer 2

Free movement of person

Question 3

D2004/38

Answer 3

Governing free movement of persons (largely through rights of workers)

Question 4

R492/2011

Answer 4

Regulation governing social and tax benefits to workers

Question 5

D2005/36

Answer 5

Recognition of foreign workers qualifications

Question 6

Lawrie-Blum, 3 part test for worker

Answer 6

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

Question 7

Levin

Answer 7

Work must be an ‘effective and geunine’ economic activity, not merely ‘marginal or ancillary’

Question 8

Procureur du Roi v Royer

Answer 8

Extended scope of art 45 to those seeking work

Question 9

What cases demonstrate the ide interpretation of a genuine economic activity?

Answer 9

Walgrave & Koch
Bosman
Steymann

Question 10

Bettray

Answer 10

Not geunine economic activity as not for remuneration, but as part of rehabilitation program

Question 11

Antonissen

Answer 11

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

Question 12

Collins

Answer 12

No job seekers allowance for foreign unemployed and other associated benefits

Question 13

JIa

Answer 13

Dependant means someone who needs material support.

Question 14

Hoekstra

Answer 14

CJ definition of worker, not MS definition, as could contrue definition tightly, meaning not great FMP

Question 15

Kempf

Answer 15

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

Question 16

Diatta

Answer 16

Sengalese national and French national separated. Allowed to reside in MS as had not divorced

Question 17

Sandhu

Answer 17

Non-EU citizen and EU citizen divorced. Husband and child moved to Germany. Non-EU citizen no-longer allowed to reside in UK

Question 18

20. What are the 4 circumstances where a non-EU citizen can stay in the MS after divorce?

Answer 18

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

Question 19

Comm v France (French Seamen)

Answer 19

all workers on French Merchant navy had to be French, therefore protectionist

Question 20

Groener

Answer 20

Couldn’t be teacher in Ireland as couldn’t speak Irish (protectionist, however justified as cultural protection of Irish language

Question 21

Article 18

Answer 21

Non-discrimination on basis of nationality

Question 22

Artile 7(2) Regulation 492/2011

Answer 22

Non-national workers are entitled to the same social and tax advantages as workers

Question 23

Ugliola

Answer 23

Didn’t recognise his military service in Italy in regards to pension, held to be discriminatory.

Question 24

Cristini v SNCF

Answer 24

Special fare reductions. All social and tax advantages must be of some benefit to the worker

Question 25

Brown

Answer 25

Non-nationals entitled to same educational rights other than educational grants

Question 26

Gul

Answer 26

Right of family members of EU citizens to work in MS. Gul was qualified Dr who was not allowed to work

Question 27

32. Article 45(3) TFEU Rights of workers are subject to limitations justified on grounds of

Answer 27

a. public policy,
b. public security or
c. public health

Question 28

Rutilli

Answer 28

Engaged a strike, put him into internal exile but couldn’t expel Rutili as not doing anything wrong. Expulsion breached article 45

Question 29

Bouchereau

Answer 29

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

Question 30

Bonsignore

Answer 30

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

Question 31

Astrid Proll

Answer 31

Reformed terrorist. Spent convictions are not ground for deportation

Question 32

Van Duyn v Home Office

Answer 32

Exclusion ust be based on the conduct of the individual (scientology)

Question 33

Donatella Calfa

Answer 33

Blanket ruling on deportation of any non-national for possession o drugs. Not permitted as did not take into account personal conduct

Question 34

Adoui & COurnaille

Answer 34

Tried to deport 2 French prostitutes in Belgium, but couldn’t be deported as prostitution not illegal in Belgian

Question 35

40. What are the restrictions placed on the derogations of art 45(3), found in art 27 D2004/38?

Answer 35

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

Question 36

Commission v Belgium (Public Employees)

Answer 36

Restriction of public employment where would involve exercise of powers conferred by law, or a duty to safeguard an interest of the state

Question 37

Gravier

Answer 37

Cannot discriminate against non-nationals in regard to access to vocational training

Question 38

Blaizot v Liege

Answer 38

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.