Fichas
EU Law - Free Movement of People
Fichas del conjunto (20)
- 1Which are the key treaty rights?TFEU
Art. 45 - workers
Art. 49 - The Self Employed
Art. 56 - Self Employed
Art. 18 - non-discrimination
Arts. 21 & 22 - General citizenship rights and limitations - 2Are Free movement rights unlimited?No!
Art 21 TFEU makes them subject to conditions and limitations laid down in the treaty.
Member states can limit free movement and residence rights on grounds of public policy, health and security - 3The right not to be discriminated against on grounds of nationality?Art 18 TFEU
- 4The right to move and reside freely within a member stateArt 21 TFEU
(This is directly effective: Baumbast) - 5What is Schengen Acquis?A series of agreements between countries to remove border controls. Not really working though
- 6Main Directive for Union citizenship?Directive 2004/38
- 7What are the basic rights1. entry
2. Exit
3. Residence under 3 months
Residence over 3 months for workers, self-employed, sufficient people, students, family members of these.
4. Permanent residence - people with 5+ yrs legal residence if able to work, 2+ yrs if not - 8Who has rights under Direction 2004/38?Workers
the self-employed
Students
People of sufficient means
families of the above - 9Which 2 EU provisions do EU migrant Workers come under?Art 21 (EU Citizen rights) and Art 45 (Worker Rights) TFEU
- 10Definition of a 'Worker' + caseLaurie-blum
'a person who, for a certain period of time, performs services for and under the direction of another person for which he receives renumeration' - 11Case which states that part time work which is 'effective and genuine' is within the scope of worker?Levin
- 12Case which says that even part time work which is supplemented by benefits counts as a worker?Kempf
- 13Case which states work doesn't have to be pecuniary work counts as a worker?Steymann
(worked in a religious commune for his keep but no wages - 14Limits to workers include those working for rehavilitation. Case on this?Bettray
this wasn't 'genuine and effective' work - 15Jobseekers are also workers - case?Antonissen
- 16Regulation for employment, equal treatment and workers families?Regulation 492/2011
- 17difference between 'establishment' and 'provision of services'?Establishment = setting up a business or practising a profession in another member state.
Provision = providing services from one state into another. - 18Treaty provisions which provide for establishment and provision fo services?Art 49 - Self employed
Art 56 - provision of services - 19GebhardExtends art 49 beyond inequality to mean that measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the treaty
- 20Alpine InvestmentsConfirmed Gabhard applied to provision of services too
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- EU Law - Free Movement of People
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- Robin Pearce
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