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Law Second Year > EU Law - Free Movement of Workers > Flashcards

EU Law - Free Movement of Workers Flashcards

1
Q

Name at least two cases on obstacles to access employment market

A

Van Lent; Weigel; Bosman; Graf

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2
Q

Article 21(1) TFEU

A

EU citizenship added in 1993 - freedom to move and reside in EU

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3
Q

Give two cases on Art.3(1) Reg 492/11

A

Groener and Las v PSA Antwerp

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4
Q

What is the test in the UK for jobseekers?

A

They need to be ‘actively seeking work’

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5
Q

What is the down-side of Bettray?

A

Could exclude disabled people in sheltered employment, and isn’t reintegration into workforce helping achieve Treaty aims?

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6
Q

What did Commission say in guidance doc would probably fall outside the PS test?

A

Teaching, nursing and non-military research in public establishments

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7
Q

Van Lent

A

Prohibition on use might preclude FMW

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8
Q

What Article of what Directive states no affect of divorce on EU nationals, and the circumstances where it won’t affect a non-EU national either?

A

Articles 13(1) and (2) Directive 2004/38

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9
Q

What did Commission say in guidance doc would probably fall within the PS test?

A

Police, armed forced, judiciary and tax authorities

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10
Q

Article 49 TFEU

A

Freedom of establishment - FM of self-employed and companies

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11
Q

Groener judgment

A

Justified as stimulated support of language

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12
Q

What case departed from restrictive view of Article 7(2) Reg 492/11 in Michel S?

A

Cristin v SNCF

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13
Q

Walrave and Kock

A

Article 45 applies even if work done outside EU, as long as legal relationship of employment is entered within EU

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14
Q

Article 45 TFEU

A

Establishes FMW, Direct effect

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15
Q

What case supports social objective of FM law?

A

Levin v Staatssecretaris Justitie

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16
Q

Van Lent general

A

Car registered other Member

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17
Q

Steymann v Staatsecretaris general

A

Plumber in Bhagwan Community

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18
Q

When can an individual no longer rely on Article 32 - 33 Directive 2003/48 to life expulsion order?

A

More than 3 years after expulsion, not a reasonable period or no material change in circumstances

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19
Q

Justifiability does not mean that the measure is proportionately restrictive on FMW

A

Gardella

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20
Q

Why was an institutional test rejected in Commission v Belgium?

A

Fear of immunising large sectors of community from FM

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21
Q

What did the court allow in Lair?

A

Students could use Article 7(2) to claim social advantages when institution not covered under Art 7(3)

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22
Q

Legal protection against dismissal for disabled limited to nationals

A

Marsman v Rosskamp

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23
Q

Ziller on public service exception

A

Most members have adapted national rules to comply with functional approach

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24
Q

When were the Internal Market Provisions?

A

1957

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25
Q

How do the ECJ try to interpret Article 45(4)?

A

Restrictively

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26
Q

Why was ‘offer of employment actually made’ extended in its meaning in R v Immigration Tribunal, ex p Antonissen?

A

To give effect to the aims of Art.45 and the Treaty in general

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27
Q

Regulation 492/2011

A

Substantive rights and social advantages

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28
Q

What does Article 30 Directive 2003/48 mean?

A

People addressed need to understand content and implications of decision, giving full and precise information unless contrary to public security, as well as info on appeals

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29
Q

Article 10 Reg 492/11

A

Allowing children of migrant to be admitted to education/apprenticeship/vocational courses as if they were a national

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30
Q

Cristin v SNCF

A

Departed from restrictive view of Article 7(2) Reg 492/11 - all social and tax advantages

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31
Q

Give at least two cases on direct discrimination

A

Commission v Italy; Marsman v Rosskamp; Schiebel Aircraft GmbH

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32
Q

Even in the process of divorce, non-working spouses do not lose right of residence until formally dissolved

A

Diatta

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33
Q

What precedents did Article 27(2) Directive 2003/48 codify?

A

Adoui and Cornvaille; Calfa; Bouchereau

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34
Q

What case required ‘sufficiently close link’ for Article 45 to apply to professional activities outside EU

A

Petersen

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35
Q

What does Article 28 give in terms of protection?

A

Both substantive and procedural protections - 3 levels of protection and factors courts should have regard to

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36
Q

‘Advantage’ for Article 7(2) Reg 492/22 is not by reason primarily of his status as a worker

A

Ministère public v Even

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37
Q

Article 46

A

allows P and Council to adopt secondary legislation to bring about freedoms in Article 45

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38
Q

What kind of effect does Article 45 TFEU have?

A

Direct

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39
Q

What case suggested relationship of subordination is needed to distinguish Article 45 from self-employment under Article 48?

A

Jany v Staatssecretaris

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40
Q

Petersen

A

Article 45 applies to professional activities outside EU as long as relationship had ‘sufficiently close link’ with EU

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41
Q

Only duties of management/advising State on technical/scientific questions qualified as public employment

A

Commission v Italy

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42
Q

Irrelevant if C ‘abused’ EU rights to gain ‘worker’ status

A

Ninn-Oraschi

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43
Q

Collins on Art.45

A

Job-seekers only benefit from certain provisions, although equal treatment in access to employment should include right to apply for job-seekers allowance under same rules as national

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44
Q

Worker includes those supplementing wage below subsistence with social security

A

Kempf

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45
Q

Coonan on public service

A

Not a foreign language assistant at a university

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46
Q

What Article added EU citizenship, and to what Treaty?

A

Article 21(1) TFEU

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47
Q

R v Immigration Tribunal, ex p Antonissen general

A

Drug offence

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48
Q

What Regulation specifically restricts Article 45 and how?

A

Regulation 492/2011 - restricters ‘worker’ to someone who is a national of a Member

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49
Q

The Citizenship Directive is what Directive?

A

Directive 2004/38

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50
Q

Article 10 Reg 492/11 applied to ‘any general measures intended to facilitate educational attendance’

A

Casagrande

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51
Q

Chambermaid

A

Levin

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52
Q

Las v PSA Antwerp general

A

Flanders contracts in Dutch

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53
Q

Article 28 Directive 2003/48

A

Expulsion

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54
Q

Plumber in Bhagwan Community

A

Steymann v Staatsecretaris

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55
Q

O’Keefe on public service exception

A

Thought Maastricht Treaty’s emphasis on traditional notion of loyalty might reduce importance of exception, but still regular infringement proceedings are brought

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56
Q

Article 10 Reg 492/11 applied to those over 21 and non-dependent to let them complete their studies

A

Gaal

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57
Q

Accepted right to negotiate collective agreements as part of justification for FM restriction, but needed to comply with non-discrimination

A

Erny

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58
Q

Rockler

A

Unacceptable justification for restriction of FM if purely on economic grounds

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59
Q

Basic outline of rights given in Directive 2004/38

A

Rights of permanent residence for EU nationals and families after 5 years residence, initial right of entry and residence for up to 3 months and possible extension

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60
Q

What case suggested HDE of Article 45?

A

Bosman

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61
Q

What did the case of Bosman make clear?

A

Obstacles to access are not comparable to rules on SAs

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62
Q

What part of Directive 2003/48 covers public health?

A

Article 29

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63
Q

What are the three levels of protection given in Directive 2003/48, and what are they protecting against?

A

General level for EU individuals, enhanced for individuals with right of permanent residence and super-enhanced for minors or host state residents of more than 10 years - protecting against expulsion

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64
Q

Steymann v Staatsecretaris judgment

A

Took Lawrie further - quid pro quo work for Community, services he received in return. Conventionally unpaid work may still be effective economic activity

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65
Q

Adoui and Cornvaille

A

Not ‘sufficiently serious’ if host does not have effective measures to combat same conduct by nationals

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66
Q

What does a disease need to be to count under Article 29?

A

Of ‘epidemic potential’ as defined by WHO or other disease subject to protection provisions by Member

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67
Q

Commission v Belgium public service judgment

A

Two stage test - (1) ‘direct or indirect participation in exercise of powers conferred by public law’ and (2) duty ‘designed to safeguard the general interests of the state’/public authorities

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68
Q

Collins general

A

Employment 17 years ago

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69
Q

Levin on worker

A

Included part-time and paid work

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70
Q

Sotgiu may also apply to obstacles to MA

A

Bosman

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71
Q

R v Immigration Tribunal, ex p Antonissen judgment

A

Extended ‘offer of employment actually made’ and rejected literal interpretation of Art.45

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72
Q

What Article of what measure codifies previous case law on the requirements of restrictions imposed on Article 45 TFEU?

A

Article 27(2) Directive 2003/48

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73
Q

MRAX

A

Member needs to give EU national without relevant docs every opportunity to obtain them/prove right of residence

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74
Q

Who is Article 45 TFEU primarily directed towards?

A

Members

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75
Q

When can there no longer be expulsion under Article 29?

A

3 months after arriving

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76
Q

Hoekstra on ‘worker’

A

Autonomous concept - someone who ‘pursues employment activities which are effective and genuine’ and not purely ‘marginal and ancillary’

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77
Q

What case suggests a relaxation of the rehab idea from Bettray?

A

Fenoll

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78
Q

Lawrie-Blum general

A

Trainee teacher

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79
Q

How did Bosman broaden address of Article 45 TFEU?

A

Includes bodies who determine general labour market rules

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80
Q

Prohibition on use might preclude FMW and be an obstacle to access employment market

A

Van Lent

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81
Q

What section of what measure elaborates on Members right to impose restrictions on Article 45(3) TFEU?

A

Articles 27 - 33 Directive 2003/48

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82
Q

Weigel general

A

Negative tax consequences

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83
Q

What case took an objective interpretation of ‘genuine and effective economic activity’?

A

Lawrie-Blum

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84
Q

Angonese

A

Private employers can’t discriminate on grounds of nationality

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85
Q

Directie 2014/54 general

A

Enforcement - reducing gap between theory and reality

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86
Q

When considered proportionality, what case directs court to look to nature and seriousness of offence, length of residence, family circumstances and period since commission of offence?

A

Orfanopoulos

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87
Q

Gaal

A

Article 10 Reg 492/11 applied to those over 21 and non-dependent to let them complete their studies

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88
Q

What Directive demands better provision of info about rights under Article 45 TFEU and Regulation 492/2011

A

Directive 2014/54

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89
Q

Article 45 applies to professional activities outside EU as long as relationship had ‘sufficiently close link’ with EU

A

Petersen

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90
Q

No reliance on Art.45 when all elements of the case are purely internal

A

Saunders

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91
Q

Metock judgment

A

Unlawful to require non-EU national to reside elsewhere lawfully before residence in host

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92
Q

Equal access to training in vocational schemes and retraining centres

A

Article 7(3) Reg 492/11

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93
Q

Spouse can employ another spouse as worker

A

CPM Meeusen v Hoofddirectie

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94
Q

Extended ‘offer of employment actually made’ and rejected literal interpretation of Art.45

A

R v Immigration Tribunal, ex p Antonissen

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95
Q

Directive On rights of movement and residence of EU workers

A

Directive 2004/38

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96
Q

Commission v Italy judgment

A

Only Italian security firms hiring Italian nationals could hire out private security guards

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97
Q

Commission v Italy general

A

Private security guards

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98
Q

Article 7(2) Regulation 492/2011

A

Provides some tax and social advantages

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99
Q

Deportation, refusal of entry or revocation of right of residence is a disproportionate penalty for non-satisfaction of formalities

A

Watson and Belmann on Directive 2003/48

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100
Q

Colegio de Oficiales de la Marina Mercante Espanola v Administracion del Estado

A

Sporadic exercise of public powers didn’t count as public service

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101
Q

Terhoeve

A

Worker employed in another member then returning to origin can invoke Article 45

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102
Q

Article 18 TFEU

A

Subsidiarity general principle of non-discrimination on grounds of nationality

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103
Q

Ministère Public v Even judgment

A

No discrimination or ‘social advantage’ - advantage is not by reason primarily of his status as a worker

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104
Q

Watson and Belmann on Directive 2003/48

A

Deportation, refusal of entry or revocation of right of residence is a disproportionate penalty for non-satisfaction of formalities

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105
Q

What case took a restrictive interpretation of Art 7(3) Reg 492/11?

A

Lair

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106
Q

Weigel judgment

A

No obstacle to access employment market if there is deterrence without discrimination

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107
Q

Nurse in private hospital didn’t count as public service

A

Commission v France

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108
Q

What two secondary legislation instruments permit FM of even non-economically active individuals?

A

FMW Regulation 492/2011 and Directive 2004/38

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109
Q

Diatta

A

Even in the process of divorce, non-working spouses do not lose right of residence until formally dissolved

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110
Q

Need to be ‘part of the normal labour market’

A

Trojani

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111
Q

What is the social objective of FM law?

A

Improving living conditions so EU nationals can follow work and ‘ever closer union of peoples’

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112
Q

What is Article 45 TFEU seen as?

A

Specific application of general principle in Article 18 TFEU

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113
Q

What are the three derogations allowed under Article 45 TFEU?

A

On grounds of public policy, public security or health

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114
Q

Who thought Metock might politically be the straw that broke the camel’s back, despite legal justification?

A

Currie

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115
Q

Where is the basic legislation for FMW?

A

Under Regulation 492/2011

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116
Q

What case showed court decides what is ‘employment in public service’?

A

Sutgiu

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117
Q

What kind of relationship did Commission v Belgium demand for public service exception?

A

‘Special relationship of allegiance to the State’

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118
Q

Gardella

A

Justifiability does not mean that the measure is proportionately restrictive on FMW

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119
Q

What report embraced the idea of neoclassical economics on FM law?

A

Spaak Report

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120
Q

Satiable Aircraft GmbH judgment

A

National security to justify but disproportionate and unnecessary

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121
Q

What post did they explicitly include inside public service exception in Commission v Belgium?

A

State Ministers

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122
Q

What part of Directive 2003/48 covers notification of decisions?

A

Article 30

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123
Q

Practice of sport falls within EU in so far as it constitutes economic activity

A

Walrave

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124
Q

Articles 32 - 33 Directive 2003/48

A

Duration of exclusion orders and expulsion

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125
Q

Article 29 Directive 2003/48

A

Public health

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126
Q

Kempf

A

Worker includes those supplementing wage below subsistence with social security

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127
Q

Fenoll

A

Considered French disabled person working in disability rehab centre to be a worker, not a user

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128
Q

Saint-Prix general

A

Left 3 months prior to giving birth, back 3 months after

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129
Q

Metock general

A

Non-EU national, reside lawfully in other Member

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130
Q

Article 45 is directly applicable and renders contrary national law inapplicable

A

Commission v French Republic

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131
Q

Foreign language assistant at a uni didn’t count as public service

A

Coonan

132
Q

What case included part-time and paid work for concept of worker?

A

Levin

133
Q

What case took a broad interpretation of Art 10 Reg 492/11?

A

Michel S

134
Q

Commission v France on public service

A

Nurse in private hospital didn’t count

135
Q

Morson and Jhanjan general

A

Dutch for surinamese

136
Q

Dias on right of permanent residence

A

Residence permit is only evidence of a right of permanent residence - it does not give the right itself

137
Q

Lair

A

Restrictive interpretation of Art 7(3) Reg 492/11 - not including unis

138
Q

When is direct discrimination very difficult to justify?

A

When on grounds of nationality

139
Q

Bosman on objective justifications

A

Sotgiu may also apply to obstacles to MA

140
Q

Not ‘sufficiently serious’ if host does not have effective measures to combat same conduct by nationals

A

Adoui and Cornvaille

141
Q

What does Directive 2014/54 do?

A

Allows migrant workers to access sae judicial procedure as national, at least one body at national level to help EU workers, and better provision of info about rights under Article 45 TFEU and Regulation 492/2011

142
Q

What does there need to be for right of permanent residence under Directive 2004/38?

A

Continuous lawful residence for 5 years

143
Q

What Article in what Reg allows conditions relating to linguistic knowledge be imposed when required by nature of post?

A

Article 3(1) Reg 492/11

144
Q

Who can claim ‘social advantages’ under Art 7 Reg 492/11?

A

Workers and families covered by Directive 2004/38

145
Q

what is the economic objective of FM law?

A

FM of ‘factors of productions’ through labour and capital, creating more efficient markets according to neoclassical economics

146
Q

Article 27(2) Directive 2003/48

A

Measures under Article 45(3) TFEU must be proportional and based exclusively on personal conduct, which presents a ‘genuine, present and sufficiently serious threat’ to fundamental societal interests

147
Q

Who said Metock is ‘surely a fair result’?

A

Currie

148
Q

Michel S on Article 7(2)

A

Limited reading - concerned only benefits linked with employment

149
Q

What case gave a limited reading of Article 7(2) Regulation 492/2011?

A

Michel S

150
Q

Las v PSA Antwerp judgment

A

Impermissible restriction despite aiming to encourage use of Dutch as less restrictive means available

151
Q

What did Directive 2004/38 do to all previous legislation?

A

Consolidated it

152
Q

Collins on Article 7(3) Directive 2004/38

A

Rights linked to ‘worker’ status may continue after employment ends, but not for an excessive period.

153
Q

What EU instrument confirms Article 10 Reg 492/11 case law?

A

Article 12(3) Directive 2004/38

154
Q

What part of Directive 2003/48 covers expulsion?

A

Article 28

155
Q

CPM Meeusen v Hoofddirectie

A

Spouse can employ another spouse as worker

156
Q

What case ruled out dual regulatory burdens, counting them as indirect discrimination?

A

Commission v Portugal

157
Q

Rights exist under Article 45 when SEEKING works

A

Antonissen

158
Q

Trainee teacher didn’t count as public service

A

Lawrie-Blum

159
Q

Giersch

A

Residence requirement for financial aid for higher education unnecessarily restrictive

160
Q

Ugliola

A

Impermissible discrimination by counting military service for seniority under Article 7(2)

161
Q

What does Chapter 3 of Regulation 492/2011 cover?

A

Established Advisory and Technical Committee made up of Member States’ reps for close cooperation

162
Q

What Article Establishes FMW, Direct effect?

A

Article 45 TFEU

163
Q

Brown on workers

A

If work is temporary solely to qualify for educational course, different rights to a fully-fledged worker - no ancillary employment to main purpose of study

164
Q

What are the high stakes in the area of FMW?

A

Perceived function and role of ‘single market’ project and EU as a whole

165
Q

Why is it hard for ECJ to interpret Article 45(4) restrictively?

A

‘Widespread view that functioning of the public service is an exercise of full-state sovereignty’

166
Q

What Article covers General principle on prohibiting discrimination on grounds of nationality

A

Article 18 TFEU

167
Q

How did court distinguish from Bettray in Trojani?

A

Indefinite period in Trojani case, but not here - social reintegration ITSELF could not remove employment from being considered as such

168
Q

What do Articles 32 - 33 Directive 2003/48 allow?

A

Expulsion order can be lifted after reasonable period if there is a material change in circumstances justifying exclusion

169
Q

What Article allows P and Council to adopt secondary legislation to bring about freedoms in Article 45?

A

Article 46

170
Q

What is excluded from Article 7(3) Directive 2004/38?

A

Voluntary unemployment

171
Q

Adoui and Cornvaille on Article 28

A

Need comparability in treatment of nationals and non-nationals

172
Q

What is indirect discrimination and according to what case?

A

‘intrinsically liable’ to affect migrant workers more than nationals: O’Flynn v Adjudication Officer

173
Q

Mancini on Article 45(4)

A

‘Widespread view that functioning of the public service is an exercise of full-state sovereignty’

174
Q

Commission v French Republic

A

Article 45 is directly applicable and renders contrary national law inapplicable

175
Q

What case showed tensions between ECJ ‘rights-based’ vision of FM and Members’ desire to exercise ‘first access control’?

A

Metock

176
Q

What does Chapter 1 of Regulation 492/2011 cover?

A

Three titles on eligibility for employment, equality of treatment within employment and workers’ families

177
Q

Commission v Belgium public service general

A

belgian nationality for local authority/public undertakings

178
Q

What case covers indirect discrimination?

A

Kalliope Schoning-Kougebetopoulou

179
Q

Van Duyn on Article 28

A

No criminalisation needed of socially harmful organisation to justify restrictive action

180
Q

What can a Member require under Article 29 Directive 2003/48?

A

Medical examination prior to 3 months, but can’t be a routine procedure

181
Q

When can a Member refuse to give full and precise info under Article 30 Directive 2003/48?

A

When it would be contrary to public security

182
Q

Saint-Prix judgment

A

Retained status as long as ‘reasonable period’

183
Q

Morson and Jhanjan shows what?

A

Harshness of Saunders ruling

184
Q

Article 45(3) TFEU general

A

Refusal of employment, entry/residence or expulsion on grounds of public policy, security and health

185
Q

When does Article 18 TFEU apply?

A

When there is a lack of a more specific Treaty provision

186
Q

Levin v Staatssecretaris Justitie

A

FM is about social progress through economic prosperity

187
Q

What does Chapter 2 of Regulation 492/2011 cover?

A

Detailed provisions requiring cooperation between various bodies

188
Q

What kind of test is the two-stage one from Commission v Belgium?

A

functional test

189
Q

Residence requirement for financial aid for higher education unnecessarily restrictive

A

Giersch

190
Q

Article 56 TFEU

A

FMS - only temporarily based in host, unlike FME (Article 49)

191
Q

How have the Commission helped with public service exception?

A

Published guidance document on state functions that would probably fall within/outside testt

192
Q

What aren’t the rights in Treaty conditional on?

A

Satisfaction of formalities in Directive 2003/48

193
Q

Spaak Report

A

Embraced idea of neoclassical economics on FM law

194
Q

Levin on purpose of ‘worker’ for obtaining work

A

Immaterial

195
Q

Belgian nationality for local authority/public undertakings

A

Commission v Belgium

196
Q

What Article covers free movement of services?

A

Article 56 TFEU

197
Q

‘Widespread view that functioning of the public service is an exercise of full-state sovereignty’

A

Mancini

198
Q

What case shows a broadening in the address of Article 45 TFEU?

A

Bosman

199
Q

What case said Article 7(3) does not give an exhaustive list of circumstances when migrant will continue to benefit from prior employment?

A

Saint-Prix

200
Q

AG Slynn in Levin

A

Noted increasing dependence on part-time work would mean its exclusion to protect social security would affect many people

201
Q

Name two cases on jobseekers concerning Art.45?

A

Ex p Antonissen and Collins

202
Q

Worker employed in another member then returning to origin can invoke Article 45

A

Terhoeve

203
Q

Levin general

A

Chambermaid below minimum wage, personal fund

204
Q

How many Members intervened in Metock?

A

10

205
Q

What was legitimate in principle in Giersche?

A

Condition on financial aid for higher education

206
Q

What Article is seen as Specific application of general principle in Article 18 TFEU?

A

Article 45 TFEU

207
Q

Threat must affect fundamental societal interest before it can justify restriction of FM

A

Bouchereau

208
Q

What case further refines Adoui and Cornvaille on Article 28?

A

Olazabal

209
Q

What is the political objective of FM law

A

Creating an EU political identity - fundamental rights of all EU citizens

210
Q

What shows that rights in Treaty aren’t condition on satisfying Directive 2003/48 formalities?

A

Provisions allow states to impose proportionate non-discriminatory penalties for non-satisfaction

211
Q

Articles 27 - 33 Directive 2003/48

A

Elaborates on Refusal of employment, entry/residence or expulsion on grounds of public policy, security and health from Article 45(3) TFEU

212
Q

Dutch for surinamese

A

Morson and Jhanjan

213
Q

Bosman on Article 45

A

Applies to associations that are neither state nor public bodies (HDE)

214
Q

no ancillary employment to main purpose of study

A

Brown

215
Q

Orfanopoulos

A

When considering proportionality, court should look to nature and seriousness of offence, length of residence, family circumstances and period since commission of offence

216
Q

No deportation as part of general preventative programme

A

Calfa

217
Q

What case suggested purpose of work is crucial, in contrast with Levin?

A

Bettray

218
Q

What case shows justifications under Article 45 don’t extend to discrimination within public service, only admission?

A

Sutgiu

219
Q

Walrave

A

Practice of sport falls within EU in so far as it constitutes economic activity

220
Q

Lawrie-Blum on Commission v Belgium

A

Two requirements are cumulative, not alternative

221
Q

Rights linked to ‘worker’ status may continue after employment ends, but not for an excessive period.

A

Collins on Article 7(3) Directive 2004/38

222
Q

Akrich

A

there is no ‘abuse of rights’ where couple move to avoid internal problem from Saunders

223
Q

Bosman general

A

Footballers fee

224
Q

Impermissible discrimination by counting military service for seniority under Article 7(2)

A

Ugliola

225
Q

What Article covers Freedom of establishment - FM of self-employed and companies

A

Article 49 TFEU

226
Q

Name at least two precedents which were codified by Article 27(2) Directive 2003/48

A

Bouchereau; Calfa; Adoui and Cornvaille

227
Q

Article 7(3) Directive 2004/38

A

Covers former workers of at least one year who are now unemployed and registered with jobseekers

228
Q

Marsman v Rosskamp

A

Legal protection against dismissal for disabled limited to nationals

229
Q

What case showed No criminalisation needed of socially harmful organisation to justify restrictive action under Article 28 Directive 2003/48

A

Van Duyn

230
Q

How can indirect discrimination be justified?

A

If shown to be on grounds unconnected with nationality discrimination

231
Q

Members retain a discretion in public policy and security exceptions as there is no ‘uniform code of values’ imposed by EU law

A

Jany on exceptions to Article 45 TFEU

232
Q

Commission v Italy on public service exception

A

Only duties of management/advising State on technical/scientific questions qualified as public employment

233
Q

Sotgiu on objective justifications

A

Indirect discrimination can be justified on grounds not covered in Article 45

234
Q

Bouchereau

A

Threat must affect fundamental societal interest before it can justify restriction of FM

235
Q

Schiebel Aircraft GmbH general

A

Authorisation for weapons trade on condition of managing partner being Austrian national

236
Q

Articles 22-26 Directive 2004/38

A

Conditions under which right of permanent residence is to be enjoyed

237
Q

Unacceptable justification for restriction of FM if purely on economic grounds

A

Rockler

238
Q

Give two examples of factors courts will have regard to when deciding Article 28

A

Health and age

239
Q

What AG in Levin noted disadvantage of excluding part-time work from concept of worker?

A

AG Slynn

240
Q

Michel S on Article 10 Reg 492/11

A

Broad interpretation - included benefit for disabled nationals

241
Q

Singh judgment

A

Indian can claim rights of residence through being the spouse of an EU worker

242
Q

Private employers can’t discriminate on grounds of nationality

A

Angonese

243
Q

What case shows how individuals can get around the Saunders ruling on purely internal situations?

A

Terhoeve - leave to work in another Member then return

244
Q

What have the ECJ been resistant to in public service exception?

A

Members defining derogation in institutional terms by reference to ‘public serctor’

245
Q

Kalliope Schoning-Kougebetopoulou general

A

Greek health service - years not counted in Germany

246
Q

What Directive allows migrant workers to access same judicial procedures as nationals?

A

Directive 2014/54

247
Q

Ninni-Oreschi on Art 7(3)

A

No such thing as ‘abusively creating’ situation where C becomes worker, although length of work may be relevant to see if sole aim was for student assistance

248
Q

Groener general

A

Art teacher, Irish

249
Q

Laurie-Blum judgment

A

Objective interpretation of ‘genuine and effective economic activity’, and need to take direction from X to provide services for which he receives remuneration

250
Q

Olazabal

A

Measures under Article 28 Directive 2003/48 need not treat nationals and non-nationals identically, just comparably (Adoui and Cornvaille)

251
Q

What does Jany confirm about Articles 27 - 33 Directive 2003/48 and Article 45(3) TFEU?

A

Members retain a discretion in public policy and security exceptions as there is no ‘uniform code of values’ imposed by EU law

252
Q

Article 45(4)

A

Public service exception

253
Q

What is a precondition for Article 18 TFEU?

A

Case needs to come within scope of application of Treaties

254
Q

FMW Regulations 492/2011 for non-economically active individuals

A

Social security entitlements

255
Q

What case took Lawrie-Blum further?

A

Steymann v Staatsecretaris

256
Q

Singh general

A

indian British Germany work

257
Q

Sutgiu

A

Court decides what is ‘employment in public service’ and justification does not extend to discrimination within public service, only admission

258
Q

Bosman judgment

A

Prevented C from being employed by French club - non-discriminatory but hindered access

259
Q

Why is there no secondary legislation to clarify public service exception?

A

Fears that Members will use it to undermine the case law

260
Q

Not a worker if work is ‘merely a means of rehabilitation’

A

Bettray

261
Q

Saunders

A

No reliance on Art.45 when all elements of the case are purely internal

262
Q

What Directive covers FM of even non-economically active individuals?

A

Directive 2004/38

263
Q

When can an expulsion order be a penalty or legal consequence of a custodial sentence?

A

When covered in Articles 27 - 29

264
Q

What EU measure introduced right of permanent residence?

A

Directive 2004/38

265
Q

Article 18 TFEU

A

General principle on prohibiting discrimination on grounds of nationality

266
Q

Benefits are no longer an advantage to a worker when child is 21 and not dependent - Art 7

A

Lebon

267
Q

Job-seekers only benefit from certain provisions, although equal treatment in access to employment should include right to apply for job-seekers allowance under same rules as national

A

Collins on Art.45

268
Q

Articles 16-18 Directive 2004/38

A

Conditions to enjoy right of permanent residence

269
Q

What case stated there is no indefinite right to look for a job, despite extended ‘offer of employment actually made’ in Art.45 to jobseekers?

A

R v Immigration Tribunal, ex p Antonissen

270
Q

When was EU citizenship added to TFEU?

A

1993

271
Q

Negative tax consequences

A

Weigel

272
Q

Name four things which supplement Regulation 492/2011

A

Directive 2014/54, Decision 2003/8, growing body of soft law and guidance, and Directive 2004/38

273
Q

What case emphasised that there is a need for objective justifications to comply with non-discrimination?

A

Erny

274
Q

What case said no such thing as ‘abusively creating’ situation where C becomes worker for Art 7(3) Reg 492/11

A

Ninni-Oreschi

275
Q

What Article does Regulation 492/2011 flesh out?

A

Article 45

276
Q

Lawrie-Blum on public service posts

A

Not a trainee teacher

277
Q

Sporadic exercise of public powers didn’t count as public service

A

Colegio de Oficiales de la Marina Mercante Espanola v Administracion del Estado

278
Q

Private security guards

A

Commission v Italy

279
Q

Article 31 Directive 2003/48

A

Procedural safeguards

280
Q

Articles 19-21 Directive 2004/38

A

Administrative formalities of right of permanent residence

281
Q

Indirect discrimination can be justified on grounds not covered in Article 45

A

Sotgiu

282
Q

What Directive works to reduce gap between theory and reality on FMW?

A

Directive 2014/54

283
Q

Erny

A

Accepted right to negotiate collective agreements as part of justification for FM restriction, but needed to comply with non-discrimination

284
Q

How can one distinguish between Las v PSA and Groener?

A

In Las, there was a less restrictive means available

285
Q

Kalliope Schoning-Kougebetopoulou judgment

A

Indirect discrimination

286
Q

What case confirmed ‘worker’ concept is autonomous

A

Hoekstra

287
Q

What is neoclassical economics?

A

The creation of more efficient markets

288
Q

Antonissen on Article 45

A

Rights exist when SEEKING work

289
Q

Graf

A

No obstacle to access employment market by removing compensation for voluntary termination of a job

290
Q

Ninn-Oraschi

A

Irrelevant if C ‘abused’ EU rights to gain ‘worker’ status

291
Q

Thought Maastricht Treaty’s emphasis on traditional notion of loyalty might reduce importance of PS exception

A

O’Keefe

292
Q

What case made it clear that SAs will not be recognised outside FMG

A

Bosman

293
Q

What does Article 31 Directive 2003/48 provide?

A

Judicial access and administrative redress when appropriate

294
Q

Bettray

A

Not a worker if work is ‘merely a means of rehabilitation’ - purpose crucial, despite being irrelevant in Levin

295
Q

Baumbat and R on Article 10 Reg 492/11

A

Children can remain in host to complete even if parents return and education system in origin is compatible

296
Q

Commission v Portugal

A

No ‘dual regulatory burden’, i.e. not recognising appropriate non-host state qualifications

297
Q

Who provides soft law and guidance to supplement Regulation 492/2011?

A

Commission and experts

298
Q

Calfa

A

No deportation as part of general preventative programme

299
Q

Article 30 Directive 2003/48

A

Notification of decisions

300
Q

Article 7(3) Reg 492/11

A

Equal access to training in vocational schemes and retraining centres

301
Q

Olympique Lyonnais SASP v Olivier Bernard judgment

A

Aim of payment was not to train but damages calculated by total loss suffered, and thus unjustifiable

302
Q

What part of Directive 2003/48 covers procedural safeguards?

A

Article 31

303
Q

FM is about social progress through economic prosperity

A

Levin v Staatssecretaris Justitie

304
Q

Olympique Lyonnais SASP v Olivier Bernard general

A

Damages to football training club

305
Q

What part of Directive 2003/48 covers duration of exclusion orders and expulsion?

A

Articles 32 - 33

306
Q

Casagrande

A

Article 10 Reg 492/11 applied to ‘any general measures intended to facilitate educational attendance’

307
Q

Lebon

A

Benefits are no longer an advantage to a worker when child is 21 and not dependent - Art 7

308
Q

What are the three overarching objectives of free movement law?

A

Economic, social and EU political identity

309
Q

Currie on Metock

A

Recognises reality of family life in context of mobility

310
Q

Residence permit is only evidence of a right of permanent residence - it does not give the right itself

A

Dias

311
Q

What case shows there is no ‘abuse of rights’ where couple move to avoid internal problem from Saunders?

A

Akrich

312
Q

Jany v Staatssecretaris

A

Need relationship of subordination to distinguish from self-employment under Article 49

313
Q

What does Regulation 492/2011 mention which Article 45 does not?

A

Families of EU workers

314
Q

Minister Public v Even general

A

Retirement-pension for WW2 service, Allied nation

315
Q

Directive 2004/38, Article 35

A

Members can refuse right in the case of ‘abuse or fraud’, although no case law further than ‘sham marriages’

316
Q

Member needs to give EU national without relevant docs every opportunity to obtain them/prove right of residence

A

MRAX

317
Q

What case limits Van Duyn on Article 28?

A

Adoui and Cornvaille

318
Q

Articles 13(1) and (2) Directive 2004/38

A

No affect of divorce on EU nationals and retaining right of residence for non-EU if relationship at least 3 years, where they have custody of EU national’s children, where circumstances warrant it or court rules their right of access to minor must be in host state

319
Q

What case gives the ECJ test for public service exceptions?

A

Commission v Belgium

320
Q

No obstacle to access employment market if there is deterrence without discrimination

A

Weigel

321
Q

Article 3(1) Regulation 492/11

A

Allows ‘conditions relating to linguistic knowledge’ when required by nature of post

322
Q

Most members have adapted national rules to comply with functional approach towards PS

A

Ziller

323
Q

What did Saint-Prix say of Article 7(3)

A

Retain worker status as long as reasonable period and not an exhaustive list of circumstances when migrant will continue to benefit from prior employment

324
Q

Name at least two exceptions to broad view court generally give to concept of ‘worker’?

A

Bettray, Trojani, Jany, Brown and Ninn-Oraschi

325
Q

Directive 2004/38 general

A

On rights of movement and residence of EU workers, as well as FM of pensioners, students and ‘others’

326
Q

Morson and Jhanjan judgment

A

Dutch nationals could claim for Surinamese parents to gain residence, but if they hadn’t been Dutch they could have relied on Art. 10 Directive 2004/38

327
Q

Trojani on workers

A

Need to be ‘part of the normal labour market’

Law Second Year (62 decks)

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