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EU > People > Flashcards

People Flashcards

1
Q

Categories of free movement for union citizens

A

0-3 months: all citizens and their families. No conditions. Cannot be a burden. No right to social assistance but cannot be expelled for applying

3 months - 5 years: workers, self employer, PIM and students and family members. Sufficient resources and insurance. Job seekers if making genuine efforts and real chance.

5 years + permanent residence for citizens and their family. 6 months absence is okay. Lost of over 2 years a sense.

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2
Q

Right to non-discrimination of union citizens when lawfully resident in host MS. Right to equal treatment with nationals

A

Article 18 TFEU

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3
Q

Cannot have national rules that would deprive the union citizens of the substance of their rights

A

Article 20 TFEU

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4
Q

Who can bring their family members

A

Workers, self employed, PIM, students and job seekers

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5
Q

Who is a family member

A

Spouse/RP, dependent decendents or those under 21 and those of spouse or RP and dependent ascendants and those of spouse/RP

Must facilitate: members of their household, dependants due to sickness, durable partner, dependents from state of origin

For students spouse/RP and children only but ascending dependents are facilitation group

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6
Q

If citizen dies or leaves MS what happens to their family members in host state where those family members are also union citizens

A

Unaffected but cannot get permanent resident unless worker, self employed, student PIM or family member of such person

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7
Q

If citizen dies, what happens to their family members in host MS where those family members are not union citizens

A

They can stay if they lives in host state for 1 year but cannot get permanent resident unless worker, self employed, student PIM or family member of such person

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8
Q

If citizen leaves host state what happens to their family where they are not union citizens

A

They cannot stay unless child in school then parent with Custody can stay until school is complete

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9
Q

What happens to family members when the citizen divorced them

A

They can stay but cannot get permanent resident unless worker, self employed, student PIM or family member of such person

A non citizen can remain if marriage lasted 3 years with 1 in host state, spouse has child/ access rights, domestic abuse

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10
Q

Can family members take up work in host state

A

Yes, irrespective of their nationality

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11
Q

Is there a right to equal treatment to family members of economically active citizens in host state

A

Yes but family of student or PIM are not entitled to social assistance for 3 months and no student grants

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12
Q

Do workers children have access to education in the host state

A

Yes on the same basis as nationals

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13
Q

What can workers do

A

Article 45- Can move to host state for employment and remain when employment ends

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14
Q

What is a worker

A

Performs services for and under the direction of another person in return for which he receives remuneration

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15
Q

Can the rights of workers be limited

A

Yes on grounds of public policy, security and health

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16
Q

Can a host state discriminated against workers

A

No
Can have language requirements if necessary for the job
Can select by nationality for public sector but cannot give worse terms
Must always give same terms

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17
Q

Are workers entitled to the same tax, social advantages and access to vocational training as national workers

A

Yes

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18
Q

Is part time work and FTC included in freedom of movement for workers

A

Must be effective and genuine

Cannot be ancillary or marginal

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19
Q

Can you be a worker if you earn less than minimum wage and rely on social assistance

A

Yes

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20
Q

Is motive in seeking employment in MS relevant for treatment of worker

A

No

21
Q

Can you be a worker if you are not paid washes- only keep and pocket money

A

Yes

22
Q

When can you retain your worker status despite not working

A

Temporarily unemployment due to illness or injury
Involuntarily unemployment after working for 1 year
Expire FTC
Registered as job seekers
Embark on vocational training (related to previous employment unless involuntarily unemployed)

23
Q

Requirements for job seekers to enter and remain in host MS while seeking work

A

Making genuine efforts and real chance of being hired

24
Q

Are job seekers entitled to social assistance in the host state

A

Can have a resident requirement attached to job seekers allowance if it is justified by proportionate and non discriminatory factors - no longer than is necessary to ensure they are definitely seeking work

Not entitled to social assistance

25
Q

Can MS track movement through requirements to report on arrival

A

Yes and can have proportionate and non-discriminatory sanctions for non-compliance.
Not deportation - would be disproportionate

26
Q

Can MS require visas and ID

A

Non union citizen family member needs residence card and may need a visa

Citizens must have valid ID or passport and non- EU family members must have passport

27
Q

Do you need a cross border element to claim free movement rights against your home state

A

Yes would need to have already exercised free movement

28
Q

Can a spouse benefit from a right of re-enter

A

Only if they were originally lawfully resident in that state

29
Q

Grounds on which free movement of people can be restricted

A

Public policy, public security and public health

30
Q

When can public health be used to restrict free movement of people

A

Epidemic potential

Contagious and nationals are subject to provisions too

31
Q

When can’t public health be used to prevent free movement of people

A

When disease occurs beyond three months residence - cannot justify expulsion

But can insist of free medical exam

32
Q

When can public policy and security be used to restrict free movement of people

A 
Personal conduct
Present threat
Proportionate 
No for economic reasons 
Not passed convictions or passed membership of organisations 
Not a legal penalty

Conduct must present a serious threat affecting a fundamental interest in society

33
Q

Can public policy and security be used to expel a minor or a resident of 10+ years

A

Only on imperative grounds of public security

34
Q

Can public policy or security be used to expel a union citizen or their family member with permeant resident

A

Only on serious grounds of public policy or security

35
Q

Official authority exception

A

Activities which involve a direct and specific connection with the exercise of official authority are exempt from the rules regarding establishment and services

36
Q

EU nationals residing in U.K. after Brexit

A

EU nationals who reside in U.K. or move during transition period can apply for settled status (5+ years) or pre-settled status (less than 5 years)

37
Q

What is freedom of establishment

A

Right of individuals and companies to pursue activities in another MS on a permanent basis

38
Q

How permanent does establishment need to be

A

Permanent or semi permanent
Stable and continuous
Maintain property
Permanent presence required

39
Q

Can charities benefit from freedom of establishment

A

No must pursue a profit

40
Q

Can a MS have rules that make establishment less attractive

A

Direct discrimination is prohibited

Measures liable to make establishment less attractive can be non discriminatory, justified in general interest and proportionate

41
Q

Do individuals and companies exercising freedom of establishment have to abide by a host states rules of professional conduct and qualification requirements

A

Yes
Professional conduct must be followed
Equivalent qualifications must be accepted. If not equivalent then must require experience instead

42
Q

What is the freedom to provide services

A

Article 56 prohibits restrictions on freedom to provide services when established in one MS and providing services in another

Must be a cross border element

43
Q

What are services

A

Normally provided for remuneration

Includes tourism

44
Q

Can services be temporary

A

Yes. No need to reside in MS

45
Q

Does there need to be a cross border element to benefit from freedom to provide services

A

Yes

Cannot be wholly internal

46
Q

Does freedoms to provide services cover the right to receive services

A

Yes
Union citizens can enter Ms for up to 3 months to receive services
Beyond 3 months if PIM

47
Q

Can freedoms of establishment and services be restricted

A

Yes on grounds of public policy security and health

48
Q

Can a MS have rules which make providing services less attractive

A

Must apply to nationals and non-nationals
Objectively justified with reasons of public interest
Proportionate

EU (8 decks)

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