Free Movement of Persons I- The Basics and Workers

Question 1

What is the legal sorce for the free movement of workers?

Answer 1

Article 45 TFEU - Freedom of movement for workers shall be secured within the Union.

Question 2

What is the legal bases for free movement?

Answer 2

EU citizenship art 20-21 TFEU
Free movement of workers 45 TFEU

Secondary legislation
Reg on freedom of movement of workers
The citizens rights dir

The Charter of fundamental rights

Question 3

Who is a worker?

Answer 3

Defined by EU law - MS can not set out there own definition

Lawrie Blum - normal working relationship

Levin - they must persue or wish to pursue effective and genuine activity

Question 4

Levin

Answer 4

The purpose for moving to another MS is of no importance provided that the person pursues or wishes to pursue an effective and genuine activity.

Part-time employment included but activities on such a small scale as to be regarded as purely marginal and ancillary are excluded.

A British woman working part-time as chambermaid in the Netherlands could be a workers, even though she earned less than a subsistence wage.