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EU > Free movement of persons > Flashcards

Free movement of persons Flashcards

1
Q

3 main freedoms

A
  • workers
  • establishment
  • services
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2
Q

Authority for freedom movement of workers

A

Article 45 TFEU

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3
Q

Conditions of worker

A
  • national of a member state
  • cross border element to their work
  • engaged in economic activity on an employed basis
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4
Q

Family extension

A

Family’s are given same rights if they have a worker relative

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5
Q

Who is an applicable family member

A
  • spouse
  • civil partner
  • dependant relative
  • direct descendant u21
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6
Q

What does free movement mean for workers and their families

A
  • they can leave home state for another member
  • they can enter any member state upon production of a valid proof of identity
  • they have the right to reside in another member state
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7
Q

Authority for rights under free movement for workers

A

Watson v Belman

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8
Q

Employment rights of workers

A
  • equal treatment to member state workers
  • access to employment
  • prohibition of direct and indirect discrimination
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9
Q

What is direct discrimination

A

acts that explicitly discriminate against EU workers. Can never be justified.

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10
Q

What is indirect discrimination

A

acts that have the effect of discrimination. Can be justified.

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11
Q

Authority for social and tax advantages

A

Article 7(2) of Regulation 1612/68

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12
Q

what is right of establishment

A

ability to set up a business in another member state

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13
Q

Authority for establishment

A

Factortame and Article 49 TFEU

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14
Q

2 categories of establishment

A

Primary and secondary

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15
Q

Primary establishment definition

A

leaving one member state to set up business in another

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16
Q

Secondary establishment definition

A

having one business in on member state and starting another in another state

17
Q

What are the principles of establishment

A

Principle of equality + no direct/indirect discrimination

18
Q

What is right of services

A

ability to provide services in another member state

19
Q

Authority for services

A

Belgium v Humbel

20
Q

Relevance of professional rules

A

The subjective professional rules of member states cannot encroach on freedom to provide services. Unless…
- justified by public interest
- same result cannot be obtained by less restrictive means

21
Q

What is Article 20 TFEU

A

every national of a member state is an EU citizen

22
Q

Rights stemming from EU Citizenship under Article 20

A
  • free movement and residence
  • can vote and stand as candidates in EP
  • right of protection by authorities in member state
  • right to petition EU institutions
23
Q

Effect of withdrawing national citizenship on EU citizenship

A

EU citizenship similarly revoked

Therefore, if an individual’s national citizenship is revoked, they can apply to CJEU, as EU law has been activated

24
Q

Authority for revocation of national/EU citizenship

A

Rottman

25
Q

What is article 21 TFEU

A

right to free movement and residence

26
Q

Citizenship Directive rights

A
  • right to move and reside up to 3 months
  • right to move and reside for more than 3 months
  • right to permanent residence
27
Q

Requirement of <3 months residence

A

proof of identity

28
Q

Requirement of 3+ months residence

A

economic activity or sufficient resources as to not become a burden

29
Q

Requirement of permanent residence

A

5 years residence

30
Q

3 limitations to free movement of persons

A
  • public policy
  • public security
  • public health
31
Q

Public policy test

A

Genuine and sufficient threat to state’s public policy

32
Q

Authority for public policy test

A

Bouchereau

33
Q

Public security test

A

Sufficient severity, as decided by national court

34
Q

Authority for public security test

A

Tsakouridis

35
Q

Public health test

A

Disease that justifies restricting movement - e.g., epidemic potential

36
Q

When can limitations to free movement be imposed

A

Where the individuals actions directly caused breach of one of 3 categories

EU (11 decks)

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