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Question 1

What about those seeking work, are they workers?

Answer 1

They have the right to move and stay in another member state for purposes of seeking work (Anotonissen) but member states can put a reasonable time limit on it although they could still potentially remain after this time had expired (Collins).

Question 2

What is a frontier worker?

Answer 2

Where you reside in your home state and commute to work in a neighbouring state, still classed as a worker (Geven).

Question 3

What are the important pieces of legislation relating to workers rights?

Answer 3

Art 45 TFEU and Art 10 of Regulation 492/2011.

Question 4

Why was regulation 492/2011 passed?

Answer 4

To elaborate on art 45(2) which deals with discrimination on the grounds of nationality.

Question 5

What does article 45(1) TFEU state?

Answer 5

Freedom of movement for workers shall be secured within the union. Meaning any restriction on citizens freedom to move for work is prohibited (Bosman ruling - charging transfer fees for out of contract footballers when they switched clubs was a restriction of movement).

Question 6

What does art 3 of regulation 492/2011 state?

Answer 6

National legislation must not limit application and offers of employment to foreign nationals or subject them to conditions not applicable to the member states own nationals.

Question 7

What is the disclaimer to art 3 reg 492/2001?

Answer 7

It shall not apply to conditions relating to linguistic knowledge required by reason of the nature of the post to be filled.

Question 8

What does art 4 of reg 492/2011 state?

Answer 8

National legislation must not restrict by number or percentage the employment of foreign nationals (Bosman ruling).

Question 9

What does Art 45 TFEU and art 7(1) of reg 492/2011 deal with?

Answer 9

Prohibition of discrimination on the grounds of nationality in the employment context.

Question 10

What does art 7(2) reg 492/2011 state?

Answer 10

All workers employed in a member state other than their own are entitled to the same social and tax advantages as nationals of the host state.

Question 11

What is a social advantage?

Answer 11

Need not be linked to contract of employment. Even said it is those generally granted to national workers because of their status or by virtue of the fact they are resident in the member state.

Question 12

How can member states exclude foreign nationals from working in the public service?

Answer 12

By virtue of art 45(4) TFEU.

Question 13

What did the ECJ confirm in the case of Sotgiu?

Answer 13

Art 45(4) TFEU only applied to access to employment not conditions of employment.

Question 14

What was decided in the cae of Commission v Belgium?

Answer 14

Art 45(4) TFEU does not apply to all employment in the public service, only certain activities involving the exercise of authority and safeguarding the general interests of the state.

Question 15

What was said in Lawrie-Blum in relation to public service?

Answer 15

Art 45(4) TFEU only applied to posts which required a special allegiance to the state which forms the foundation or the bond of nationality.

Question 16

Give some examples of jobs which are not in the public service?

Answer 16

Nurses - Commission v France
Union teachers - Allue and Coonan
Private security firm employees - Commission v Spain

Question 17

The case of Colegio further limited the scope of art 45(4) TFEU, how?

Answer 17

If public law powers were available but only exercised sporadically then it did not qualify as a public service.

Question 18

What is the effect of art 45(4) TFEU?

Answer 18

Member states may refuse to employ foreign nationals in their public service.

Question 19

Where a national of one member state moves to another in order to work there, what rights do his or her children have to be educated in the host state?

Answer 19

Art 12 reg 492/2011 states that if eir children are residing with them, they are entitled to the same education, apprenticeship and vocational training of nationals of that member state.

Question 20

What was said in Casagrande with regards to art 12 reg 492/2011?

Answer 20

It was not limited to the right to physically attend school or college, but included national rules on entitlement to funding for education.

Question 21

What was said in the case of Di Leo?

Answer 21

Art 12 reg 492/2011 covered entitlements grants.

Question 22

What did Echternach & Moritz confirm?

Answer 22

The scope of art 12 reg 492/2011 extends to all forms of education, including further and higher education.

Question 23

What was the point made about children in Gaal?

Answer 23

Adults can invoke the provision of art 12 reg 492/2011, even if they are no longer dependent on their parents.

Question 24

What if the course of education is to be undertaken in another member state?

Answer 24

Di Leo stated if the right is available for nationals of the member state then it is to children of workers (Miss Di Leo wanted to pursue a degree in her home state Italy but was refused funding, as it was available to nationals of the host member state to be funded for education in Italy then she had to be given the same treatment).

Question 25

What is the concept of primary carer?

Answer 25

Created in Baumbast, the right conferred by art 12 reg 492/2011 implies a child has the right to be accompanied by their primary carer who is also entitled to reside their during his studies.

Question 26

How long does primary carer status continue?

Answer 26

Teixeira confirmed that although children who have reached adulthood are assumed not to require parental care it is possible for the primary carer to be needed beyond that age. It is for the national courts to decide.

Question 27

What is the definition of a worker?

Answer 27

A person who is obliged to provide services to another in return for a monetary reward, subject to he direction/control of another to how the work is done (Lawrie-Blum).