Free Movement of Workers

Question 1

Article 45

Answer 1

Free movement of workers shall be secured within the Union.

Question 2

Lawrie-Blum

Answer 2

Defines a worker. ‘For a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration’.

Question 3

Case 53/81 Levin

Renumeration

Answer 3

Includes work for less than the minimum wage. Work = genuine and effective.

Question 4

Case 139/85 Kempf

Renumeration

Answer 4

Includes part-time work

Question 5

Bettray

Renumeration

Answer 5

Paid work as the result of court-ordered rehab is not renumeration as there must be some element of choice.

Question 6

Steymann

Renumeration

Answer 6

Plumber works for religious community - an economic activity? Yes. Work was genuine and effective, as specified in Levin. Renumeration does not need to be direct, so long as the worker receives something in return.

Question 7

Raulin

Renumeration

Answer 7

National court can decide if a zero hours contract is sufficient.

Question 8

Ninni-Orasche

Renumeration

Answer 8

Even a few months of service counts.

Question 9

Regulation 492/2011

Answer 9

Codifies and confers ‘positive’ rights to social advantages and substantive benefits enjoyed by domestic workers.

Question 10

Directive 2004/38

Answer 10

Citizens rights directive - rights to residence and entry to workers, EU citizens and their families.

Question 11

Antonssen

Job seekers

Answer 11

Article 45 must apply to job-seekers. Six months to seek work was held to be permissible.
Codified in Directive 2004/38, Article 14(4)(b), there is no set limit and the issue is whether you have a genuine chance of being employed.

Question 12

Commission v Belgium

Job seekers

Answer 12

A strict 3 months was given to seek work.

Question 13

Indirect Discrimination

Answer 13

Where workers access to benefits or other social advantages are made conditional on something which home state nationals can more easily satisfy.

Question 14

Ugiola

Indirect discrimination

Answer 14

German workers’ security of employment included time spent in the German army.

Question 15

Groener

Indirect discrimination

Answer 15

Requirement that teacher working in Ireland is competent in the Irish language, proportionate in some circumstances but not in others.

Question 16

Royer

Residence rights

Answer 16

Residence cards cannot be demanded. The right is an EU law right and residence permits are merely confirmation

Question 17

Directive 2004/38 Article 6, Article 7(1)(a), Article 7(2)

Answer 17

Article 6: Initial right of entry up to 3 months.
Article 7(1)(a): Economically active EU citizens can reside for as long as they are workers/established.
Article 7(2): so can family members even if not EU nationals.

Question 18

Netherlands v Reed

Families

Answer 18

Because families ‘can assist his integration in the host state and thus contribute to free movement of workers.

Question 19

Buambast

Families

Answer 19

Divorce-non-EU spouse is the child’s primary carer, she can remain until the children have finished their education.

Question 20

Lebon

Families

Answer 20

Rights for children of workers cannot be claimed when not advantageous to the worker.

Question 21

Regulation 492/2011

Workers and ‘Social Advantages’

Answer 21

Positive rights to social advantages and substantive benefits enjoyed by domestic workers.

Question 22

Case 207/88 Even

Social advantage

Answer 22

A social advantage is something ‘generally granted…because of their objective status as workers or by virtue of the mere fact of their residence on the national territory.
Belgian pensions took into account service with allies in WW2. Not a social advantage.

Question 23

Reina

Social advantage

Answer 23

Childbirth loan = social advantage. Aids all low income workers/residents.

Question 24

Collins

Social advantage

Answer 24

Jobseekers allowance, but this can require habitual residence.

Question 25

Expelling an EU Worker/Family
Article 45(3)

Answer 25

Limitations permissible for public policy, public security and public health.
Public health: directive 2004/38, article 29: epidemic potential.

Question 26

Article 27, Directive 2004/38

Answer 26

Must be proportionate and relate only to personal conduct (Van Duyn)

Question 27

Bouchereau

Expulsion from EU

Answer 27

Expulsion can only be because personal conduct is a ‘genuine, present, and sufficiently serious threat to the fundamental interests of society’

Question 28

Adou

Expulsion from EU

Answer 28

If the conduct does not lead to punishment for your citizens, cannot expel EU citizens for it.

Question 29

Tsakouindis

Expulsion from EU

Answer 29

Multiple factors to be taken into account: nature & seriousness of offence, duration of residence, period since offence, conduct, social cultural and family ties with host member state.