People Flashcards
Categories of free movement for union citizens
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.
Right to non-discrimination of union citizens when lawfully resident in host MS. Right to equal treatment with nationals
Article 18 TFEU
Cannot have national rules that would deprive the union citizens of the substance of their rights
Article 20 TFEU
Who can bring their family members
Workers, self employed, PIM, students and job seekers
Who is a family member
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
If citizen dies or leaves MS what happens to their family members in host state where those family members are also union citizens
Unaffected but cannot get permanent resident unless worker, self employed, student PIM or family member of such person
If citizen dies, what happens to their family members in host MS where those family members are not union citizens
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
If citizen leaves host state what happens to their family where they are not union citizens
They cannot stay unless child in school then parent with Custody can stay until school is complete
What happens to family members when the citizen divorced them
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
Can family members take up work in host state
Yes, irrespective of their nationality
Is there a right to equal treatment to family members of economically active citizens in host state
Yes but family of student or PIM are not entitled to social assistance for 3 months and no student grants
Do workers children have access to education in the host state
Yes on the same basis as nationals
What can workers do
Article 45- Can move to host state for employment and remain when employment ends
What is a worker
Performs services for and under the direction of another person in return for which he receives remuneration
Can the rights of workers be limited
Yes on grounds of public policy, security and health
Can a host state discriminated against workers
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
Are workers entitled to the same tax, social advantages and access to vocational training as national workers
Yes
Is part time work and FTC included in freedom of movement for workers
Must be effective and genuine
Cannot be ancillary or marginal
Can you be a worker if you earn less than minimum wage and rely on social assistance
Yes
Is motive in seeking employment in MS relevant for treatment of worker
No
Can you be a worker if you are not paid washes- only keep and pocket money
Yes
When can you retain your worker status despite not working
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)
Requirements for job seekers to enter and remain in host MS while seeking work
Making genuine efforts and real chance of being hired
Are job seekers entitled to social assistance in the host state
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
Can MS track movement through requirements to report on arrival
Yes and can have proportionate and non-discriminatory sanctions for non-compliance.
Not deportation - would be disproportionate
Can MS require visas and ID
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
Do you need a cross border element to claim free movement rights against your home state
Yes would need to have already exercised free movement
Can a spouse benefit from a right of re-enter
Only if they were originally lawfully resident in that state
Grounds on which free movement of people can be restricted
Public policy, public security and public health
When can public health be used to restrict free movement of people
Epidemic potential
Contagious and nationals are subject to provisions too
When can’t public health be used to prevent free movement of people
When disease occurs beyond three months residence - cannot justify expulsion
But can insist of free medical exam
When can public policy and security be used to restrict free movement of people
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
Can public policy and security be used to expel a minor or a resident of 10+ years
Only on imperative grounds of public security
Can public policy or security be used to expel a union citizen or their family member with permeant resident
Only on serious grounds of public policy or security
Official authority exception
Activities which involve a direct and specific connection with the exercise of official authority are exempt from the rules regarding establishment and services
EU nationals residing in U.K. after Brexit
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)
What is freedom of establishment
Right of individuals and companies to pursue activities in another MS on a permanent basis
How permanent does establishment need to be
Permanent or semi permanent
Stable and continuous
Maintain property
Permanent presence required
Can charities benefit from freedom of establishment
No must pursue a profit
Can a MS have rules that make establishment less attractive
Direct discrimination is prohibited
Measures liable to make establishment less attractive can be non discriminatory, justified in general interest and proportionate
Do individuals and companies exercising freedom of establishment have to abide by a host states rules of professional conduct and qualification requirements
Yes
Professional conduct must be followed
Equivalent qualifications must be accepted. If not equivalent then must require experience instead
What is the freedom to provide services
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
What are services
Normally provided for remuneration
Includes tourism
Can services be temporary
Yes. No need to reside in MS
Does there need to be a cross border element to benefit from freedom to provide services
Yes
Cannot be wholly internal
Does freedoms to provide services cover the right to receive services
Yes
Union citizens can enter Ms for up to 3 months to receive services
Beyond 3 months if PIM
Can freedoms of establishment and services be restricted
Yes on grounds of public policy security and health
Can a MS have rules which make providing services less attractive
Must apply to nationals and non-nationals
Objectively justified with reasons of public interest
Proportionate
