Free Movement of Persons - Workers

Question 1

Key Article for Workers

Answer 1

Art.45 TFEU

Question 2

Definition of Workers + Case - A ‘worker’ is a person who…

Answer 2

LAWRIE BLUM

(1) Performs services for another person
(2) Under the control of that other person
(3) Receives remuneration

Question 3

A ‘workseeker’ is also a worker…

Answer 3

EX P ANTONISSEN

Question 4

Part-time workers are workers provided that…

Answer 4

LEVIN v STAATSSECRETARIS

(1) Work = Effective and Genuine
(2) Not too marginal / small scale

Question 5

Still a ‘part-time worker’ despite supplementing income with public benefits

Answer 5

KEMPF

Question 6

Other workers within scope of Art.45 - Unpaid worker for a religious community

Answer 6

STEYMANN

(1) Contributes towards community economy
(2) Receives benefits for his contribution

Question 7

Other workers within scope of Art.45 - A drug addict is not a worker

Answer 7

BETTRAY

Question 8

Nationality is decided by the MS of which Nationality is claimed

Answer 8

MICHELETTI

Question 9

Right of Entry - Returning migrant workers can bring non-Union spouses home with them

Answer 9

SURINDER SINGH

Question 10

Where no kids, departure back to home MS will mean that non-Union citizen spouse will lose right to residence in host MS

Answer 10

SANDHU

Question 11

Non-Union citizen does not have to leave is spouse is just separated and living in a different house to worker (Union citizen)

Answer 11

DIATTA

Question 12

Art.7 (Reg.1612/68) - Not to be discriminated against on grounds of nationality in relation to those listed in the article + social advantages…

Answer 12

CRISTINI v SNCF

Question 13

Distinctly Applicable / directly Discriminatory measures = Laws that apply only to migrant workers…

Answer 13

COMMISSION v FRANCE

Question 14

Grounds for Exclusion / Deportation in Art.45(3) TFEU - Confirmed in Art.27 Dir.2004/38 - Must be based on Person Conduct of individual including - Current association with groups, provided group activities are ‘Socially Harmful’

Answer 14

VAN DUYN - Church of Scientology

Question 15

Grounds for Exclusion / Deportation in Art.45(3) TFEU - Confirmed in Art.27 Dir.2004/38 - Must be based on Person Conduct of individual including - Past convictions insofar as constitutes present threat

Answer 15

R v BOUCHEREAU

Question 16

Grounds for Exclusion / Deportation in Art.45(3) TFEU - Confirmed in Art.27 Dir.2004/38 - MSs cannot refuse residence to a non-national where MS did not adopt measures against its own nationals acting in the same way (prostitute not allowed in Belgium)

Answer 16

ADOUI & CORNAILLE v BELGIUM

Question 17

Art.45(2) rights DO NOT apply to employment in Public Services - Public Services very Narrowly defined in…

Answer 17

COMMISSION v BELGIUM

(1) The exercise of powers conferred by public; and
(2) Safeguarding the general interest of the State

Question 18

Indistinctly Applicable Measures - Either, Indirect Discrimination (Laws that apply to all nationals but are harder for migrant workers to satisfy __(1)__) - Or, Non-Discriminatory (Laws that apply to all nationals, are equally hard to satisfy, but nevertheless inhibit free movement __(2)__)

Answer 18

(1) ALLUE

(2) URBSFA v BOSMAN

Question 19

Indistinctly Applicable Measures - Justified with - Art.45(3) - Or…

Answer 19

CASSIS DE DIJON approach as interpreted by BOSMAN - Measures can be justified if they ‘Pursued a legitimate aim compatible with the treaty and justified by pressing reasons of public interest

Question 20

BOSMAN - Application of the rules must…

Answer 20

(1) Ensure achievement of the aim in question

(2) Not go beyond what is necessary for that purpose = Proportional