Notes FM Public Service Flashcards
What did the ECJ confirm in the case of Sotgiu?
That it only applies to access to employment.
How can member states exclude foreign nationals from working in the public service?
By virtue of Article 45(4) of the TFEU.
What was decided in the case of Commission v Belgium?
That Article 45(4) does apply to all employment in the public service. That public service means a job which has powers conferred by public law and have the interests of the state vested in it.
What was said in Lawrie-Blum in relation to public service?
That derogation only applied to posts which required a special allegiance to the state.
Give some examples and cases of jobs which are not in the public service?
Nurses - Commission v France
University teachers - Allue & Coonan
Private security firm employees - Commission v Spain
The case of Colegio further limited the scope of Article 45(4) of the TFEU, how?
If public law powers were available but only exercised sporadically then the occupation did not qualify as one in the public service.
What is the effect of Article 45(4) of the TFEU?
Member states may refuse to employ foreign nationals in their public service.
