Free Movement of People Flashcards
Worker authority + Criteria
Lawrie Blue;
- Performing service for another
- Under control of that person
- Receiving payment
Workseeker
Ex P Antonissen
Can stay for 3 months? Statutory location
Directive 2004 6(1)
Can prove they’re looking for work? Statutory location
Directive 14(4)(b)
Part-time worker… plus criteria
Levin;
- Effective and Genuine
- Not too small or marginal
Extra part-time worker
Kempf; doesn’t matter if they’re recieving public benefits
Religious worker
Steymann; must be an economic activity and recieving indirect wage
Rehab?
Bettray; not a worker! No economic activity and is for individual’s benefit
Nationality - who determines it?
MS from which it is being claimed from; Michelletti
Directive embellishes… and gives rights to…
Article 45; it gives rights to EU members in 3(1) and their families in 3(2)
Can a returning migrant worker bring home a non EU spouse?
Yes! Surinder-Singh
Can a returning migrant worker bring home non EU partner?
Yes, provided they have a ‘durable relationship’! Banger, applying Surinder Singh. Family members under 3(2) okay too.
What about if an EU citizen leaves their non-EU spouse in a host state?
Provided there are no children, non-EU spouse may lose residency. Sandhu
What about if EU citizen separates from non-EU spouse?
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).
What does the Regulation expand on?
Article 45(2) i.e. right to not be discriminated on basis of nationality with regards to employment.
Can anything affect the provisions of the Regulation?
The Regulation can only be qualified by language proficiency conditions; even then, it must be a necessary and appropriate bar (Groener).
Define direct discrimination.
Affecting all migrant workers (Commission v France)
How can direct discrimination be justified?
Article 45(3); public policy, security and health.
How does the Directive add to direct discrimination?
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).
Expand on the Directive’s comments on ‘personal conduct’ and how it might affect deportation.
- 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)
Explain 45(4).
45(2) does not apply to employment in a public body, but this is interpreted narrowly (Commission v Belgium);
- Exercise of powers conferred by public
- Safeguarding general interests of state
What do indistinctly applicable measures cover?
Indirect discrimination (Universita degli studi di Venezia), Non-discriminatory (Bosman)
How are indistinct measures justified?
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.
Comment on Cassis as applied by Bosman.
Both ends and means of measures should be necessary (Universita).
