Free Movement

Question 1

what does ART 26(2) TFEU

Answer 1

the internal markets shall comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured

Question 2

how does the removal of barriers enhances cross - boarder competition

Answer 2

creating economies of scale and thus results in greater wealth produce happier citizens who are less likely to riot

Question 3

what does ART 21 TFEU

Answer 3

every citizen of the union shall have the right to move and reside freely within the territory of the member states, subject to the limitations and conditions laid down in the treaties and by the measures to give them effect

Question 4

what comes under primary beneficaries

Answer 4

workers, self employed, students and those of independent means and others EU citizens (EU citizens is a national member state - CRD ART 2)

Question 5

what does CRD stand for

Answer 5

Capital Requirements Directives

Question 6

what does ART 45 TFEU refers too

Answer 6

refers to the to the freedom of workers

Question 7

what cant you discriminate based on nationality

Answer 7

regards to employment , renumeration + other conditions in employment

Question 8

which grounds can it be limited too (ART 45 TFEU)

Answer 8

grounds of public policy, public security or public health

Question 9

ART 45 continued, which rights are available

Answer 9

right to accept offers of employment, move freely within the territory of the member state for this purpose of employment and remain in the state after employment

Question 10

ART 45(4) TFEU

Answer 10

does not apply to employment in the public service or works connected with the exercise of offical authority (ART 51 TFEU)

Question 11

what is a worker?

Answer 11

one who performs services for and under the direction of another, in return for renumeration for a certain period (Laurie blum)

Question 12

what is a part time worker?

Answer 12

is a worker if the work is effective and genuine, even if the pay id supplemented by social security or private means (Kempf)

Question 13

what else does a worker include

Answer 13

a job seeker , provided s/he is looking for work and has a genuine chance of being offered one (CRD ART 14(4))

Question 14

who else is considered in the freedom of establishment and freedom to provide services

Answer 14

self employed people

Question 15

what does Jany come under

Answer 15

elements of a worker under establishment

Question 16

what is establishment

Answer 16

establishment is where a national of one member state moved to another state and takes up an activity there as self - employed person under the conditions laid down by the host state for its own nationals (ART 49 TFEU)

Question 17

what is ART 7 (1) (CRD)

Answer 17

students and those of independent means have sickness insurance and have sufficent resources not to become a burden on the host state

Question 18

Cowan v Tresor Public

Answer 18

included the freedom to receive services in another state on a non discriminating basis

Question 19

what is provision of services

Answer 19

is where self - employed national of one member state s