Lecture 5 - Free movement of workers

Question 1

what does freedom of movement of workers entail

Answer 1

freedom to move and reside
non-discrimination on the grounds of nationality

Question 2

what is the scope of application of article 45 tfeu

Answer 2

• applies in the presence of a cross border element - case 175/78 Regina v saunders
  -has direct effect - case walrave
  -creates obligations upon the member state and private parties - case angonese
• used to be qualified vis-a-vis nationals from 2004 enlargement in central and eastern europe

Question 3

what is the definition of a worker

Answer 3

case of lawrie blum
held conditions for being a qualified worker under eu law
-performance of services of economic value
- under the direction of another person
-remuneration given for such services
-nature between employee and employer are immaterial for application of art 45

Question 4

what does article 45 tfeu state about workseekers

Answer 4

art 45(3) - tfeu includes right to enter to search for work

Question 5

what rights do family members of eu citizens have

Answer 5

directive 2004/38 ‘on the right of citizens of the union and their family members to move and reside freely within the territory of the member states

• includes rights of entry and exit, residence, family members of EU citizen, non discrimination