Free Movement of Workers Flashcards
Treaty Article for Free Movement of Workers:
Article 45 TFEU
Key Points of Article 45
(I) Worker is entitled to move freely within EU for employment (45.1).
(ii) Also entitled to move freely for purposes of seeking employment (45.3).
(iii) Worker has right to not be discriminated against on grounds of nationality (45.2)
Which case defines a worker:
Lawrie-Blum
Lawrie-Blum for identifying an EU worker:
(i) Someone who during a certain period of time,
(ii) performs services for/under the direction of another,
(iii) in return for remuneration.
During a certain period of time:
Work must not be marginal and ancillary.
Raulin
Performing services under direction of another:
Trainee status is irrelevant, must be directed by another
Lawrie-Blum
Contrast with
Hoekstra – Someone looking for work is still deemed a worker, despite being under nobody’s direction.
In return for remuneration:
Applies even if the pay is below domestic minimum.
Levin
Limits for work-seekers
Can be deported If they have not found work in 6 months.
R v Immigration Appeal Tribunal (Antionissen)
How long can a work-seeker remain in member state?
3 months.
Directive 2004/38
(Art 6)
Rights of a worker:
Right to enter Right to leave Right to reside Right to remain Right of permanent residence
Right to enter
Article 5 (1) Directive 2004/38
Right to leave
Article 4 (1) Directive 2004/38
Right to remain
Without a job: Article 6 Directive 2004/38
With a job: Article 7 Directive 2004/38
Right to remain after losing job:
Article 7 (3) Directive 2004/38
Right of permanent residence
Article 16 (1) Directive 2004/38
Conditions of remaining after losing job:
(i) Illness
(ii) Involuntarily unemployed
(iii) Seeking vocational training
Article 7(7) Directive 2004/38
Are public sector jobs open to EU workers:
No, Art 45 (4) TFEU.
Access to social assistance:
Member state not obliged to offer assistance during first 3 months.
Article 24 (2) Directive 2004/38
Brey
“Mere fact that a person received social assistance is not sufficient to show that he constituted an unreasonable burden on the state”.
Origins of ‘Burden on the state’
Article 7(1) (b) Directive 2004/38
Derogations
(i) Public Policy
(ii) Public health
(iii) Public security
Article 45 (3)
Public Policy:
“Must represent a genuine, present and sufficiently serious threat at affecting one of the fundamental interests of society”.
Directive 2004/38
R v Boucherou: Actions must be socially harmful.
Plan for FMOW Question
Identify relevant Article - for EU Citizens (Art 20/21)
- for EU Workers (Art 45 TFEU)
What is a worker - Definition in Lawrie-Blum
Family- Art 2 Directive 2004/38
Entitlement to Social Benefits
- Art 24 Directive 2004/38 (No discrimination to EU nationals)
- Art 7
