Free Movement of Workers Flashcards
In Lawrie-Blum what are the three criteria for the definition of a worker?
- Performing services
- Under the supervision of another
- For remuneration
Which case disallowed MS from using their own definition of worker?
Hoekstra
Which case added to the definition that services should be ‘effective and genuine’?
Levin
Which directive confers rights of entry and resident to any MS to all EU citizens and their family?
D 2004/38 The Citizenship Directive
Which regulation gives workers and their families certain rights in employment, housing, tax etc?
R 492/2011 The Equal Treatment Regulation
Article 45 has four subsections. In general, what does each of them say?
- Freedom of movement is guaranteed for workers;
- There shall be no discrimination based on nationality in the workplace or in access to work;
- MS may disallow citizens entry and residence on grounds of public policy, security and health;
- Jobs in public service are exempt from the above.
Which case extended Art 45 to include jobseekers?
Procureur du Roi v Royer
Why did M Bettray fail in his claim under Art 45?
His work was seen as ancillary and formed part of his drug rehabilitation.
Antonissen had not found work in the UK during his six month stay. Why did the CJ allow him to stay in the UK?
The CJ ruled that a jobseeker could remain in a MS if they could show they 1) were economically active, 2) looking for work, and 3) had a realistic prospect of obtaining work.
What burden did the CJ relieve MS from in Collins?
The CJ ruled that foreign nationals who entered another MS looking for work were not entitled to the same benefits as domestic jobseekers.
Which article allows workers to bring their families with them into a MS? Who can they bring?
Art 2(2) D 2004/38 allows a) spouses b) registered partners equivalent to marriage c) descendents u21 of worker and/or partner, and d) dependents in ascending line of worker and/or partner.
Only a few states recognise registered partners. Which are they?
UK, Netherlands, Sweden, Finland and Denmark.
Do registered partners have to have rights in one or both countries to move freely? Which benefits may they be entitled to?
Both. They are only entitled to the benefits given by the host state.
Article 3 D2004/38 grants free movement to another group of people. Who are they?
Beneficiaries, which includes family members outside of Art 2(2) who are dependents or members of the family household, have serious health problems that require help of the migrant worker (3(2)(a)), or who have a relationship duly attested (3(2)(b).
Which case defines dependents?
Jia
What is the definition for dependents in Jia?
A person who is reliant on ‘material support in order to meet their essential needs’ from the worker.
The CJ would not agree that Ms Reed fell under the definition of spouse in Art 2(2) D 2004/38. How come?
The CJ held that spouse referred only to married persons. Ms Reed was a partner of a UK citizen.
Ms Reed still won her case and was allowed residence in the Netherlands. Which article did she rely on in the end?
Art 7(2) R 492/2011. Dutch law allowed citizens to live with their partners as a social right and this should be available to foreign nationals as well.
What was the principle given in Diatta v Land Berlin
Non-EU spouses who had separated were still entitled to continue to reside in the host MS in which their former partner resided as they were still technically family.
Mr. Sandhu was a non-EU divorcee. Why was he not allowed to reside in the UK?
His ex-wife had left the UK to return to Germany. The CJ and HL ruled that because she had left the UK, he no longer had right to reside in the UK.
Sandhu could be construed as harsh. Which article in D 2004/38 now governs divorcees’ free movement? In what four situations will a non-EU national divorcee be granted entry/residence?
Art 13(2) D 2004/38.
a) Marriage lasted three years and one year in particular MS.
b) custody of children
c) difficult break-up and no fault on non-EU national’s part (eg domestic violence)
d) access to children by court order
What is the principle given in Kaczmarek?
MS may refuse entry to citizens if they are economically inactive, incapable of supporting themselves financially, and without sickness insurance.
What does a citizen need to enter another MS?
Valid passport or id (Art 4-5 D 2004/38)
What do citizens not need according to Procureur du Roi v Royer?
Residence Card
How long may a citizen reside in a MS unconditionally other than holding a valid passport or id?
Three months
What does Watson and Belmann say about MS monitoring foreigners?
The CJ found that they couldn’t restrict how MS monitored foreign nationals as long as they were not disproportionate.
Which articles grant citizens permanent residence?
Art 16-18 D 2004/38.
Which case tells us that only EU nationals are granted the same rights as domestic nationals in R 492/2011?
Belgium v Taghavi
What did the CJ hold in Commission v France (French Merchant Seamen)?
The CJ found French law limiting the number of non-nationals to 1:3 was directly discriminatory contrary to Art 4 R 492/2011
In which case did the CJ find indirect discrimination against an Italian army officer for not having trained in the Germany army?
Ugliola
Art 3(1) R 492/2011 allows for indirect discrimination in employment for linguistic reasons. How did the Irish successfully utilise this article against Miss Groener?
Irish law required teachers to speak Gaelic for the purposes of cultural preservation. Despite not having to use Gaelic in art lessons, Miss Groener was denied the job as an art teacher for not speaking Gaelic.
In which two cases were non-discriminatory rules held to infringe Art 45 due to making free movement and access hard?
Bosman
Kraus
Which case defines ‘social advantages’? How does it define ‘social advantages’?
‘those which, whether or not linked to a contract of employment, are generally granted to workers primarily because of their objective status as workers or by virtue of the mere fact of their residence on the national territory’ (Ministere Public v Even)
What came under social advantages in O’Flynn?
Funeral expenses
What came under social advantages in Cristini?
Travel reductions for families
What came under social advantages in Hoeckx?
Minimum income allowance
What came under social advantages in Reina?
Childbirth loans
Which Article of R 492/2011 allows workers equal access to education and training?
Art 7(3)
What type of educational establishment did not fall under Art 7(3) according to the case of Brown?
Universities
What did Casagrande grant to migrant workers?
The same rights in education for their children as nationals
What did the CJ hold in Lair?
A worker who gives up work voluntarily to seek education may only apply for a grant in situations where that education has a link with previous work and advances their vocational skills.
What restriction did Brown place in terms of applying for a grant?
Work undertaken as part of a course of study does not qualify you as a worker and able to take advantage of Art 7(2).
What does the case of Sotgiu tell us about admission to public service jobs?
Once a MS has allowed a migrant worker a post they cannot renege on that decision.
How did Public Employees case define ‘public service’. What kinds of jobs were they considering?
Public service was defined as ‘the exercise of power conferred by public law’. This did not include nurses, railway workers, architects, and unskilled workers employed by the State.
