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EU Law > Free movement of people > Flashcards

Free movement of people Flashcards

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1
Q

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

A

Lawrie Blum

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

A workseeker is also a worker. Which case?

A

Antonissen

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3
Q

Part time works are workers. Which case?

A

Levin

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4
Q

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

A

Bettray

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5
Q

Which Directive lists the details of free movement policy?

A

Directive 2004/38

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6
Q

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

A

Surinder Singh

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7
Q

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

A

Articles 2 and 3

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8
Q

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

A

Article 6(1) Directive 2004/38

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9
Q

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

A

Article 6(1) Directive2004/38

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10
Q

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

A

Article 12 Directive 2004/38

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11
Q

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?

A

Sandhu

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12
Q

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

A

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)

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13
Q

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

A

Diatta

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14
Q

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

A

Article 3 Regulation 1612/68

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15
Q

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

A

Article 6 Regulation 1612/68

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16
Q

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

A

Article 7 Regulation 1612/68; Cristini v SNCF

17
Q

Regulation 1612/68 is directly effective. Which case?

A

Cristini v SNCF

18
Q

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

A

Commission v France

19
Q

Which article of which Directive provides the grounds for deportation?

A

Article 27 Directive 2004/38

20
Q

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

A

Van Duyn

21
Q

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

A

R v Bouchereau

22
Q

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?

A

Adoui and Cornuaille

23
Q

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

A

Commission v Belgium

24
Q

What is the “public service” exception limited to?

A

Safeguarding the general interests of the state (judges etc)

25
Q

Indistinctly applicable measures must be justified under which case?

A

Bosman

26
Q

When can the Bosman style justifications be used?

A
  1. Pursuit of a legitimate aim

2. Justified by pressing reasons of public interest

27
Q

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

A

Allue

28
Q

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

A

Bosman/Cassis

29
Q

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

A

Steymann

29
Q

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?

A

R v Pieck

EU Law (7 decks)

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