Free movement of persons Flashcards
3 main freedoms
- workers
- establishment
- services
Authority for freedom movement of workers
Article 45 TFEU
Conditions of worker
- national of a member state
- cross border element to their work
- engaged in economic activity on an employed basis
Family extension
Family’s are given same rights if they have a worker relative
Who is an applicable family member
- spouse
- civil partner
- dependant relative
- direct descendant u21
What does free movement mean for workers and their families
- 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
Authority for rights under free movement for workers
Watson v Belman
Employment rights of workers
- equal treatment to member state workers
- access to employment
- prohibition of direct and indirect discrimination
What is direct discrimination
acts that explicitly discriminate against EU workers. Can never be justified.
What is indirect discrimination
acts that have the effect of discrimination. Can be justified.
Authority for social and tax advantages
Article 7(2) of Regulation 1612/68
what is right of establishment
ability to set up a business in another member state
Authority for establishment
Factortame and Article 49 TFEU
2 categories of establishment
Primary and secondary
Primary establishment definition
leaving one member state to set up business in another
Secondary establishment definition
having one business in on member state and starting another in another state
What are the principles of establishment
Principle of equality + no direct/indirect discrimination
What is right of services
ability to provide services in another member state
Authority for services
Belgium v Humbel
Relevance of professional rules
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
What is Article 20 TFEU
every national of a member state is an EU citizen
Rights stemming from EU Citizenship under Article 20
- 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
Effect of withdrawing national citizenship on EU citizenship
EU citizenship similarly revoked
Therefore, if an individual’s national citizenship is revoked, they can apply to CJEU, as EU law has been activated
Authority for revocation of national/EU citizenship
Rottman
