Movement of Persons Cases

Question 1

Trojani

Answer 1

work must be effective and genuine. This must be examined on both an objective and subjective bases.

Question 2

O’Flynn

Answer 2

Indirect discrimination in regards to equality for workers includes:

1) essentially only affects Migrant workers
2) great majority affected are migrants
3) establishes rules/procedures that are easier for nationals
4) risks acting to the detriment of Migrants

Question 3

Antonissen

Answer 3

UK gave Job seeker 6 months to find job or leave

Court held that if the individual could show that he had a genuine chance of employment he didn’t have to leave.

Question 4

LeBon

Answer 4

Jobseekers get equal access to all employment opportunities, but don’t get equal access to social advantages

Question 5

Levin

Answer 5

Part-Time and Full-Time workers fall within the scope of “Economically Active”

Question 6

Ibrahim

Answer 6

TCN parent/carer is economically inactive and dependant on state, they can still reside for all of children’s education

Question 7

Commission v Belgium

Answer 7

Migrants can be excluded from Public Service jobs which have the exercise of real power and require a special allegiance to the state.

Question 8

Vlassopolou

Answer 8

Mutual Recognition: A MS must take into consideration all diplomas/degrees obtained in the same profession but in different MS

Question 9

Steyman

Answer 9

Remuneration does not need to be $

Question 10

Schilling

Answer 10

Any Measure which deters nationals from leave MS is an Obstacle

Question 11

Rutili

Answer 11

In order to expel someone from MS must show that they are a genuine and sufficiently serious threat on grounds of public health/security