Free Movement of Persons - Workers Flashcards
Key Article for Workers
Art.45 TFEU
Definition of Workers + Case - A ‘worker’ is a person who…
LAWRIE BLUM
(1) Performs services for another person
(2) Under the control of that other person
(3) Receives remuneration
A ‘workseeker’ is also a worker…
EX P ANTONISSEN
Part-time workers are workers provided that…
LEVIN v STAATSSECRETARIS
(1) Work = Effective and Genuine
(2) Not too marginal / small scale
Still a ‘part-time worker’ despite supplementing income with public benefits
KEMPF
Other workers within scope of Art.45 - Unpaid worker for a religious community
STEYMANN
(1) Contributes towards community economy
(2) Receives benefits for his contribution
Other workers within scope of Art.45 - A drug addict is not a worker
BETTRAY
Nationality is decided by the MS of which Nationality is claimed
MICHELETTI
Right of Entry - Returning migrant workers can bring non-Union spouses home with them
SURINDER SINGH
Where no kids, departure back to home MS will mean that non-Union citizen spouse will lose right to residence in host MS
SANDHU
Non-Union citizen does not have to leave is spouse is just separated and living in a different house to worker (Union citizen)
DIATTA
Art.7 (Reg.1612/68) - Not to be discriminated against on grounds of nationality in relation to those listed in the article + social advantages…
CRISTINI v SNCF
Distinctly Applicable / directly Discriminatory measures = Laws that apply only to migrant workers…
COMMISSION v FRANCE
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’
VAN DUYN - Church of Scientology
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
R v BOUCHEREAU
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)
ADOUI & CORNAILLE v BELGIUM
Art.45(2) rights DO NOT apply to employment in Public Services - Public Services very Narrowly defined in…
COMMISSION v BELGIUM
(1) The exercise of powers conferred by public; and
(2) Safeguarding the general interest of the State
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)__)
(1) ALLUE
(2) URBSFA v BOSMAN
Indistinctly Applicable Measures - Justified with - Art.45(3) - Or…
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
BOSMAN - Application of the rules must…
(1) Ensure achievement of the aim in question
(2) Not go beyond what is necessary for that purpose = Proportional
