Free Movement of Workers Flashcards
How is a ‘worker’ defined for the purposes of Art 45 TFEU? Case.
Someone who performs a service, under control of another, for remuneration - Lawrie-Blum.
Is a work-seeker a worker? Case.
Yes, if they have a right to residence - ex parte Antonissen.
Can a part-time worker be a worker? In what circumstances? Case.
Yes, if the work is genuine, effective, and not marginal - Levin.
Can an unpaid community worker be a worker? In what circumstances? Cases.
Yes, if they receive a benefit, e.g. housing, which may be considered an indirect wage - Steymann.
Can someone working as part of a drug rehabilitation programme be a worker? Case.
No - Bettray.
What rules for entry/exit apply to returning workers and their spouses? Case.
Returning workers are treated in the same way as migrant workers, and their family/spouse will have residence rights - Surinder Singh.
Upon death/departure, does the non-EU spouse of a worker with no children in education still have a right to residence? Case.
No - Sandhu.
Does separation count as divorce? Case.
No - Diatta.
Art 45(4) provides that rights under Art 45 do not apply to public service workers. How is ‘public service’ defined? Case.
Narrowly, e.g. police officers, civil servants, etc - Commission v Belgium.
In what circumstances may membership of a group be personal conduct for which a worker may be excluded/deported? Case.
If the group is ‘socially harmful’, e.g. Scientology - Van Duyn.
In what circumstances will prior criminal convictions be relevant to the decision to exclude/deport a worker? Case.
Where they show a propensity to reoffend - Bouchereau.
Is personal conduct grounds for exclusion/deportation when that conduct is lawful in the host state? Case.
No - Adoui & Cornuaille.
Give an example of a distinctly applicable measure which breaches Art 45. Case.
A ratio of national to non-national workers - Commission v France.
Give an example of an indirectly discriminatory indistinctly applicable measure which breaches Art 45. Case.
Only offering foreign teachers of foreign languages one-year contracts - Allué.
Give an example of an non-discriminatory indistinctly applicable measure which breaches Art 45. Case.
Requirement for a transfer fee to be paid in order for football players to change clubs - Bosman.
