Free Movement of Persons Flashcards
Hoekstra
Worker to be given an EU meaning
Walgrave & Kock
Worker = engaged in an economic activity having the characteristics of gainful employment
Royer
Article 45 confers rights on individuals who are entering a member state to look for work
Antonissen
Jobseeker’s rights can be subject to a temporal limitation unless the individual demonstrates active job searching and genuine chance of being engaged
Lawrie-Blum
Employment relationship = performing services for and under the direction of another, in return for remuneration
Levin
Genuine and effective economic activity, not merely marginal or ancillary
Kempf
Includes when the individual supplements their income from social security funds
Steymann
Can be in remuneration in the form of food, board and pocket money
Bettray
Any economic activity that is ancillary to the primary social objectives is not genuine or effective (confined to its facts)
Trojani
Work as part of a social reintegration project will satisfy the Lawrie-Blum test
Sotgui
Indirect discrimination may be justified on objective public interest grounds
Not for the MS to determine what counts as public service
MS cannot use public service exemption to justify discriminatory measures once nationals of other member states have been admitted to public service
Commission v Belgium (Public Employees)
Public service = direct or indirect participation in the exercise of powers conferred by public law to safeguard general interests of the state, and there exists a special relationship of allegiance and reciprocity of rights and duties
Workers for national rail company did not fall under public service exemption, local authority workers did
Commission v France (French Nurses)
Nurses in public hospitals fall outside the public service exemption
Reed
Article 7(2) includes the right of a non-national of another member state to live with a national of the host member state in a stable relationship if this right is available to nationals of the host member state
Jia
Dependent = someone who needs the material support of the union citizen/worker in order to meet their essential needs
Diatta
Rights of a spouse will not be affected so long as the marriage has not been dissolved
No requirement for family members to live together under the same roof
Collins
Jobseeker is not a worker for the purposes of Article 7(2) Regulation 492/2011 - not entitled to same tax and social advantages
The right to equal treatment of union citizens extended to financial benefits intended to facilitate access to employment
Requirement of habitual residence was indirectly discriminatory - could be justified by requiring the existence of a genuine link
Christini
Article 7(2) includes all social/tax advantages whether they are attached to the contract of employment or not
Inzirillo
The right under Article 7(2) extends to social advantages that the family member alone qualifies for
Reina
Article 7(2) includes discretionary childbirth loans
Hoeckx
Article 7(2) includes minimum income allowance
O’Flynn
Article 7(2) includes funeral expenses benefits
Evens
Social advantages are afforded to workers primarily because of their status as a worker or by the fact of their mere presence in the territory of the host member state
Kraus
Article 45 includes any measure that impedes, hinders, or renders Free Movement of Persons less attractive
Bosman
Article 45 extended to include any measure which obstructs access to job market in another member state
Van Duyn
Personal conduct exemption
Organisation need not be unlawful if the activities are considered to be socially harmful
No need for corresponding domestic legislation
Adoi & Conaille
Deportation must not be arbitrary, where similar conduct by a national of the host member state would not result in repressive measures
Bonsignore
Deportation cannot be effected for the purpose of deterring others
Bouchereau
Personal conduct of the individual must represent a genuine, present, and sufficiently serious threat to a fundamental interest of society
Past convictions are not, in themselves, grounds for deportation or refusal of entry
Rutili
Exclusion must be compatible with fundamental rights - must apply to the whole national territory
Orfanopolous
Exclusion must be compatible with right to respect for family life
French Merchant Seamen
Direct discrimination - Article 45 extends to sea transport
Ugiola
Indirect discrimination - breached Article 45
Groener
Discrimination on the basis of linguistic knowledge is justifiable if it is required by reason of the nature of the role to be filled
Gül
A family member exercising the right to work should also be able to benefit from other rights governing the eligibility and conditions of employment enjoyed by workers
Grzelcyck
Union Citizenship is to be the fundamental status of all Member State nationals
Cannot be discriminated against on basis of nationality
Overruled Brown - free movement of students (maintenance grants allowed - Article 7(2)
Equal treatment of Union Citizens subject to sufficient resources
Dano
Prohibition on discrimination against union citizens subject to limitations and conditions of Article 24 Directive 2004/38
Sala
A union citizen who was lawfully resident in a host member state could not be discriminated against on grounds of nationality
Brown
Vocational school = establishments which provide only instruction between periods of employment or closely connected with employment
Maintenance grants fall outside the scope of the treaty
Could not rely on Article 7(2) as work was ancillary to main educational purpose
Gravier
Vocational training = form of education that prepares for a qualification for a profession, skill or trade, whatever the age or level, even if includes an element of general education
Blaizot
University education generally satisfies the Gravier criteria (unless too general)
Lair
Maintenance and training grants fell within Article 7(2) Regulation 492/2011 - dependant on status as a worker - extended to those formerly in employment
Esternach
Article 10 extends to all forms of education when the parent has returned to home country
Educational grant is a social advantage
Casagrande
Article 10 refers to condition of admission and attendance, including educational grants
Bider
Union citizens have equal rights re student loans and grants - indistinctly discriminatory measures are justifiable (unreasonable burden)
Forster
Period of 5 years continual residence not an unreasonable requirement to ensure integration (for purposes of student loan)
D’Hoop
Union citizen who had exercised their freedom of movement could not be placed at a disadvantage in their home member state
