EU Law - Free Movement of People

Robin Pearce
Flashcards by Robin Pearce, updated more than 1 year ago
Robin Pearce
Created by Robin Pearce almost 6 years ago


EU Law - Free Movement of People

Resource summary

Question Answer
Which 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
Are 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
The right not to be discriminated against on grounds of nationality? Art 18 TFEU
The right to move and reside freely within a member state Art 21 TFEU (This is directly effective: Baumbast)
What is Schengen Acquis? A series of agreements between countries to remove border controls. Not really working though
Main Directive for Union citizenship? Directive 2004/38
What are the basic rights 1. 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
Who has rights under Direction 2004/38? Workers the self-employed Students People of sufficient means families of the above
Which 2 EU provisions do EU migrant Workers come under? Art 21 (EU Citizen rights) and Art 45 (Worker Rights) TFEU
Definition of a 'Worker' + case Laurie-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'
Case which states that part time work which is 'effective and genuine' is within the scope of worker? Levin
Case which says that even part time work which is supplemented by benefits counts as a worker? Kempf
Case 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
Limits to workers include those working for rehavilitation. Case on this? Bettray this wasn't 'genuine and effective' work
Jobseekers are also workers - case? Antonissen
Regulation for employment, equal treatment and workers families? Regulation 492/2011
difference 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.
Treaty provisions which provide for establishment and provision fo services? Art 49 - Self employed Art 56 - provision of services
Gebhard Extends art 49 beyond inequality to mean that measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the treaty
Alpine Investments Confirmed Gabhard applied to provision of services too
Show full summary Hide full summary


direct/indirect effect & state liability
EU Law - courses of Action direct/indirect effect
Robin Pearce
EU Cases
EU Institutions
Free movement of goods
the Treaty on the Functioning of the European Union 2010
State Liability
Faith Akinyeye
Freedom of Establishment (General)
Faith Akinyeye
Supremacy of EU LAW
Emily Bache
Robin Pearce