Free movement of people

Question 1

A person is a worker if which case’s criteria are met?

Answer 1

Lawrie Blum

1. Performs services
2. Under the control of another
3. Receives remuneration

Question 2

A workseeker is also a worker. Which case?

Answer 2

Antonissen

Question 3

Part time works are workers. Which case?

Answer 3

Levin

Question 4

A drug addict in rehab is not a worker. Which case?

Answer 4

Bettray

Question 5

Which Directive lists the details of free movement policy?

Answer 5

Directive 2004/38

Question 6

Returning workers can bring non union spouses home with them. Which case?

Answer 6

Surinder Singh

Question 7

Which Articles of the 2004/38 directive define family members?

Answer 7

Articles 2 and 3

Question 8

Union citizens have a right of residence up to 3 months. Which Article?

Answer 8

Article 6(1) Directive 2004/38

Question 9

Non union family members have a right of residence for up to 3 months. Which Article?

Answer 9

Article 6(1) Directive2004/38

Question 10

A citizen’s death/departure shall not ordinarily affect the right of residence of a family member. Which Article?

Answer 10

Article 12 Directive 2004/38

Question 11

Where there are no children, departure back to their home member state will mean that the non union citizen may lose rights in the host member state. Which case?

Answer 11

Sandhu

Question 12

If a non union citizen divorces a union citizen, does the non union citizen lose their rights?

Answer 12

Yes, unless
i) the marriage lasted 3 years prior to divorce including 1 year in the host state
ii) the spouse/partner has custody of the non UC’s children
Article 13(2)

Question 13

There is no need to leave the host state on a separation. Which case?

Answer 13

Diatta

Question 14

Only provisions of linguistic knowledge may bar the regulatory tests from being applied. Which Article?

Answer 14

Article 3 Regulation 1612/68

Question 15

Recruitment must not be subject to any discriminatory tests. Which Article?

Answer 15

Article 6 Regulation 1612/68

Question 16

No discrimination on the grounds of grounds of nationality on any conditions of employment is allowed. Which Article and which case?

Answer 16

Article 7 Regulation 1612/68; Cristini v SNCF

Question 17

Regulation 1612/68 is directly effective. Which case?

Answer 17

Cristini v SNCF

Question 18

Distinctly applicable measures which only apply to migrant workers can only be justified via the treaty provisions. Which case?

Answer 18

Commission v France

Question 19

Which article of which Directive provides the grounds for deportation?

Answer 19

Article 27 Directive 2004/38

Question 20

Deportation may be based on activities with prohibited groups, so long as they are “socially harmful”. Which case?

Answer 20

Van Duyn

Question 21

Past convictions are only relevant insofar as they constitute a present threat. Which case?

Answer 21

R v Bouchereau

Question 22

In which case was it found that states cannot treat foreign nationals differently to own citizens in matters related to legal activities, suggesting Van Duyn had been overruled?

Answer 22

Adoui and Cornuaille

Question 23

The “public service” exception shall be narrowly construed. Which case?

Answer 23

Commission v Belgium

Question 24

What is the “public service” exception limited to?

Answer 24

Safeguarding the general interests of the state (judges etc)

Question 25

Indistinctly applicable measures must be justified under which case?

Answer 25

Bosman

Question 26

When can the Bosman style justifications be used?

Answer 26

1. Pursuit of a legitimate aim | 2. Justified by pressing reasons of public interest

Question 27

Any application of Bosman justification must be necessary. Which case?

Answer 27

Allue

Question 28

Any application of the Bosman rules must go no further than is necessary. What case?

Answer 28

Bosman/Cassis

Question 29

In which case was it found that 'work' did not need to be an economic activity?

Answer 29

Steymann

Question 29

In which case was it found that a failure to comply with national requirements for obtaining a residence permit should not lead to disproportionate penalties, such as deportation or imprisonment?

Answer 29

R v Pieck