Free Movement of Workers Flashcards
Angonese
Free movement of workers provisions apply vertically and horizontally.
Bosman case
Football player argued transfer fee was restrictive, was an obstacle to free movement of workers, now all EU football players given right to free transfer.
Lawrie-Blum
Essential feature of an employment relationship is that for a certain period of time a person performs services for and under the direction of another in return for remuneration. Germany couldn’t prevent British national from taking employment as a teacher in the public service.
Ninni-Orasche
Irrelevant concerns to free movement of workers: (1) that the person took up the job some years after entering the Member State, (2) at the end of the short employment relationship the person becomes eligible for University, (3) the person attempted to find a new job at the end of the short employment.
R v Immigration Appeal Tribunal ex parte Antonissen
Reasonable for the Member State to deport someone who hasn’t found work within 6 months.
Saunders
Measures which restrict freedom of movement of a worker within their home member state as a penal measure provided by national law by reasons of acts committed within the member state are a wholly domestic situation outside scope of Treaty.
Olympique Lyonnaise
“A legitimate aim compatible with the treaty and is justified by overriding reasons in the public interest” can be accepted
Singh (1992)
Singh married a British national, moved to Germany, returned to UK to open business. He was granted limited leave to remain. They divorced, his leave to remain was revoked. Held that the spouse had the right to remain in the Member State of the EU citizen even if they were now at home.
Bouchereau
The activities of the person concerned must be socially harmful in order to justify expelling him.
Levin
Definition of worker includes those doing part time work.
Groener
Is it lawful for states to have employment conditions relating to linguistic knowledge? Yes - but they must be proportionate and fair.
Adoui and Cournaille
Belgian prostitute case. A member State cannot validly rely on grounds of public policy with regard to the behavior of a non-national inasmuch as it does not adopt repressive measures or other genuine and effective measures with respect to the same conduct on the part of its own nationals.
