Free Movement of Persons

Question 1

Hoekstra

Answer 1

Worker to be given an EU meaning

Question 2

Walgrave & Kock

Answer 2

Worker = engaged in an economic activity having the characteristics of gainful employment

Question 3

Royer

Answer 3

Article 45 confers rights on individuals who are entering a member state to look for work

Question 4

Antonissen

Answer 4

Jobseeker’s rights can be subject to a temporal limitation unless the individual demonstrates active job searching and genuine chance of being engaged

Question 5

Lawrie-Blum

Answer 5

Employment relationship = performing services for and under the direction of another, in return for remuneration

Question 6

Levin

Answer 6

Genuine and effective economic activity, not merely marginal or ancillary

Question 7

Kempf

Answer 7

Includes when the individual supplements their income from social security funds

Question 8

Steymann

Answer 8

Can be in remuneration in the form of food, board and pocket money

Question 9

Bettray

Answer 9

Any economic activity that is ancillary to the primary social objectives is not genuine or effective (confined to its facts)

Question 10

Trojani

Answer 10

Work as part of a social reintegration project will satisfy the Lawrie-Blum test

Question 11

Sotgui

Answer 11

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

Question 12

Commission v Belgium (Public Employees)

Answer 12

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

Question 13

Commission v France (French Nurses)

Answer 13

Nurses in public hospitals fall outside the public service exemption

Question 14

Reed

Answer 14

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

Question 15

Jia

Answer 15

Dependent = someone who needs the material support of the union citizen/worker in order to meet their essential needs

Question 16

Diatta

Answer 16

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

Question 17

Collins

Answer 17

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

Question 18

Christini

Answer 18

Article 7(2) includes all social/tax advantages whether they are attached to the contract of employment or not

Question 19

Inzirillo

Answer 19

The right under Article 7(2) extends to social advantages that the family member alone qualifies for

Question 20

Reina

Answer 20

Article 7(2) includes discretionary childbirth loans

Question 21

Hoeckx

Answer 21

Article 7(2) includes minimum income allowance

Question 22

O’Flynn

Answer 22

Article 7(2) includes funeral expenses benefits

Question 23

Evens

Answer 23

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

Question 24

Kraus

Answer 24

Article 45 includes any measure that impedes, hinders, or renders Free Movement of Persons less attractive

Question 25

Bosman

Answer 25

Article 45 extended to include any measure which obstructs access to job market in another member state

Question 26

Van Duyn

Answer 26

Personal conduct exemption
Organisation need not be unlawful if the activities are considered to be socially harmful
No need for corresponding domestic legislation

Question 27

Adoi & Conaille

Answer 27

Deportation must not be arbitrary, where similar conduct by a national of the host member state would not result in repressive measures

Question 28

Bonsignore

Answer 28

Deportation cannot be effected for the purpose of deterring others

Question 29

Bouchereau

Answer 29

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

Question 30

Rutili

Answer 30

Exclusion must be compatible with fundamental rights - must apply to the whole national territory

Question 31

Orfanopolous

Answer 31

Exclusion must be compatible with right to respect for family life

Question 32

French Merchant Seamen

Answer 32

Direct discrimination - Article 45 extends to sea transport

Question 33

Ugiola

Answer 33

Indirect discrimination - breached Article 45

Question 34

Groener

Answer 34

Discrimination on the basis of linguistic knowledge is justifiable if it is required by reason of the nature of the role to be filled

Question 35

Gül

Answer 35

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

Question 36

Grzelcyck

Answer 36

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

Question 37

Dano

Answer 37

Prohibition on discrimination against union citizens subject to limitations and conditions of Article 24 Directive 2004/38

Question 38

Sala

Answer 38

A union citizen who was lawfully resident in a host member state could not be discriminated against on grounds of nationality

Question 39

Brown

Answer 39

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

Question 40

Gravier

Answer 40

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

Question 41

Blaizot

Answer 41

University education generally satisfies the Gravier criteria (unless too general)

Question 42

Lair

Answer 42

Maintenance and training grants fell within Article 7(2) Regulation 492/2011 - dependant on status as a worker - extended to those formerly in employment

Question 43

Esternach

Answer 43

Article 10 extends to all forms of education when the parent has returned to home country
Educational grant is a social advantage

Question 44

Casagrande

Answer 44

Article 10 refers to condition of admission and attendance, including educational grants

Question 45

Bider

Answer 45

Union citizens have equal rights re student loans and grants - indistinctly discriminatory measures are justifiable (unreasonable burden)

Question 46

Forster

Answer 46

Period of 5 years continual residence not an unreasonable requirement to ensure integration (for purposes of student loan)

Question 47

D’Hoop

Answer 47

Union citizen who had exercised their freedom of movement could not be placed at a disadvantage in their home member state