Free Movement of People

Question 1

Worker authority + Criteria

Answer 1

Lawrie Blue;

1. Performing service for another
2. Under control of that person
3. Receiving payment

Question 2

Workseeker

Answer 2

Ex P Antonissen

Question 3

Can stay for 3 months? Statutory location

Answer 3

Directive 2004 6(1)

Question 4

Can prove they’re looking for work? Statutory location

Answer 4

Directive 14(4)(b)

Question 5

Part-time worker… plus criteria

Answer 5

Levin;

• Effective and Genuine
• Not too small or marginal

Question 6

Extra part-time worker

Answer 6

Kempf; doesn’t matter if they’re recieving public benefits

Question 7

Religious worker

Answer 7

Steymann; must be an economic activity and recieving indirect wage

Question 8

Rehab?

Answer 8

Bettray; not a worker! No economic activity and is for individual’s benefit

Question 9

Nationality - who determines it?

Answer 9

MS from which it is being claimed from; Michelletti

Question 10

Directive embellishes… and gives rights to…

Answer 10

Article 45; it gives rights to EU members in 3(1) and their families in 3(2)

Question 11

Can a returning migrant worker bring home a non EU spouse?

Answer 11

Yes! Surinder-Singh

Question 12

Can a returning migrant worker bring home non EU partner?

Answer 12

Yes, provided they have a ‘durable relationship’! Banger, applying Surinder Singh. Family members under 3(2) okay too.

Question 13

What about if an EU citizen leaves their non-EU spouse in a host state?

Answer 13

Provided there are no children, non-EU spouse may lose residency. Sandhu

Question 14

What about if EU citizen separates from non-EU spouse?

Answer 14

They won’t necessarily lose residency - they don’t have to leave if they’ve just separated or if they don’t live in the same house (Diatta).

Question 15

What does the Regulation expand on?

Answer 15

Article 45(2) i.e. right to not be discriminated on basis of nationality with regards to employment.

Question 16

Can anything affect the provisions of the Regulation?

Answer 16

The Regulation can only be qualified by language proficiency conditions; even then, it must be a necessary and appropriate bar (Groener).

Question 17

Define direct discrimination.

Answer 17

Affecting all migrant workers (Commission v France)

Question 18

How can direct discrimination be justified?

Answer 18

Article 45(3); public policy, security and health.

Question 19

How does the Directive add to direct discrimination?

Answer 19

Article 27. Expands on 45(3) regarding deportation; you cannot deport someone for economic reasons, measures must be proportional, based on personal conduct, and must affect all EU citizens (including citizens of MS in question) the same way (Adoui).

Question 20

Expand on the Directive’s comments on ‘personal conduct’ and how it might affect deportation.

Answer 20

• Must be a sufficiently serious and present threat.
• Can be linked to group activities provided they are ‘socially harmful’. (Van Duyn)
• Prev. convictions are not enough (Bouchereau)

Question 21

Explain 45(4).

Answer 21

45(2) does not apply to employment in a public body, but this is interpreted narrowly (Commission v Belgium);

1. Exercise of powers conferred by public
2. Safeguarding general interests of state

Question 22

What do indistinctly applicable measures cover?

Answer 22

Indirect discrimination (Universita degli studi di Venezia), Non-discriminatory (Bosman)

Question 23

How are indistinct measures justified?

Answer 23

Treaty articles 45(3) and 45(4) as well as Cassis as applied by Bosman;

• Measure must be in pusuit of LEGITIMATE AIM compatable with TREATY;
• Justified by PRESSING REASONS OF PUBLIC INTEREST.

Question 24

Comment on Cassis as applied by Bosman.

Answer 24

Both ends and means of measures should be necessary (Universita).

Question 25

Comment on Bosman and Proportionality

Answer 25

Bosman says application of rules must:

• Ensure achievement of aim in question;
• not go beyond what is necessary.