Freedom of Workers & Family

Question 1

Lawrie-Blum

Answer 1

Definition of a worker:
Performs services;
For or under the direction of another
In return for payment

Question 2

Levin

Answer 2

‘Effective & genuine’ activity to be a worker:
Footballers - (Bosman)
Unpaid religious workers (Steymann)
Part-time workers who are supplemented by the state (Kempf)

Question 3

Commission v France (French seamen)

Answer 3

Direct Discrimination

Question 4

Groener

Answer 4

Indirect Discrimination but needs to be objectively justified & proportionate

Question 5

Workers can be excluded on the grounds of …

Answer 5

Public health, security & policy

Based on personal conduct (Van Duyn)

Question 6

Diatta

Answer 6

Senegalese woman marries French man and went to live with him in Germany where he was working; she left him and moved into separate accom. with the intention of divorce. German authorities argued that she was no longer entitled to live in German as she wasn’t true definition of a spouse. ECJ held; spouses didn’t have to live in the same accom. and as long as they were still married she had the right to live in Germany.

Question 7

Sandhu

Answer 7

Indian man marries German woman and lived in UK. Marriage broke down and she moved back to Germany with their son. He was told his right to remain in UK ended when his wife returned to Germany. House of Lords held; Spouse had no right to remain

Question 8

Surinder

Answer 8

British woman returned to UK after working Germany with Indian husband who lived with her in Germany. They later separated. UK argued that he had no right to remain as he wasn’t the spouse of a migrant worker anymore (since she moved back to UK). ECJ held; returning migrant workers should be allowed to bring their spouses home with them. If not workers would be deterred from leaving their home country to exercise their freedom of movement.