Notes FM Justification For Restrictions

Question 0

Give an example of an objective consideration?

Answer 0

• there must be a connection/link to the host state
• a certain degree of integration
• the need to monitor eligibility of benefit claims

Question 1

How can a breach of Articles 18 and 21 of the TFEU be justified?

Answer 1

Four conditions must be met:

• it must be based on objective considerations of public interest
• independent of the nationalities of the persons concerned
• appropriate
• necessary

Question 2

What is meant by appropriate?

Answer 2

That it must be capable of achieving the desired objective.

Question 3

Looking at the case of Bidar, how did it fail in justifying the breach?

Answer 3

• it passed the first requirement as it was legitimate to ensure those seeking financial help had a certain degree of integration into society
• it passed the second as it was irrespective of nationality
• it failed the appropriate test. Legislation didn’t include time spent in education from counting towards the three year period.