People

Question 1

Categories of free movement for union citizens

Answer 1

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.

Question 2

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

Answer 2

Article 18 TFEU

Question 3

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

Answer 3

Article 20 TFEU

Question 4

Who can bring their family members

Answer 4

Workers, self employed, PIM, students and job seekers

Question 5

Who is a family member

Answer 5

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

Question 6

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

Answer 6

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

Question 7

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

Answer 7

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

Question 8

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

Answer 8

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

Question 9

What happens to family members when the citizen divorced them

Answer 9

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

Question 10

Can family members take up work in host state

Answer 10

Yes, irrespective of their nationality

Question 11

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

Answer 11

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

Question 12

Do workers children have access to education in the host state

Answer 12

Yes on the same basis as nationals

Question 13

What can workers do

Answer 13

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

Question 14

What is a worker

Answer 14

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

Question 15

Can the rights of workers be limited

Answer 15

Yes on grounds of public policy, security and health

Question 16

Can a host state discriminated against workers

Answer 16

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

Question 17

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

Answer 17

Yes

Question 18

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

Answer 18

Must be effective and genuine

Cannot be ancillary or marginal

Question 19

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

Answer 19

Yes

Question 20

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

Answer 20

No

Question 21

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

Answer 21

Yes

Question 22

When can you retain your worker status despite not working

Answer 22

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)

Question 23

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

Answer 23

Making genuine efforts and real chance of being hired

Question 24

Are job seekers entitled to social assistance in the host state

Answer 24

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

Question 25

Can MS track movement through requirements to report on arrival

Answer 25

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

Question 26

Can MS require visas and ID

Answer 26

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

Question 27

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

Answer 27

Yes would need to have already exercised free movement

Question 28

Can a spouse benefit from a right of re-enter

Answer 28

Only if they were originally lawfully resident in that state

Question 29

Grounds on which free movement of people can be restricted

Answer 29

Public policy, public security and public health

Question 30

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

Answer 30

Epidemic potential | Contagious and nationals are subject to provisions too

Question 31

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

Answer 31

When disease occurs beyond three months residence - cannot justify expulsion But can insist of free medical exam

Question 32

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

Answer 32

``` 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

Question 33

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

Answer 33

Only on imperative grounds of public security

Question 34

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

Answer 34

Only on serious grounds of public policy or security

Question 35

Official authority exception

Answer 35

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

Question 36

EU nationals residing in U.K. after Brexit

Answer 36

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)

Question 37

What is freedom of establishment

Answer 37

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

Question 38

How permanent does establishment need to be

Answer 38

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

Question 39

Can charities benefit from freedom of establishment

Answer 39

No must pursue a profit

Question 40

Can a MS have rules that make establishment less attractive

Answer 40

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

Question 41

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

Answer 41

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

Question 42

What is the freedom to provide services

Answer 42

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

Question 43

What are services

Answer 43

Normally provided for remuneration Includes tourism

Question 44

Can services be temporary

Answer 44

Yes. No need to reside in MS

Question 45

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

Answer 45

Yes | Cannot be wholly internal

Question 46

Does freedoms to provide services cover the right to receive services

Answer 46

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

Question 47

Can freedoms of establishment and services be restricted

Answer 47

Yes on grounds of public policy security and health

Question 48

Can a MS have rules which make providing services less attractive

Answer 48

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