2809220
Description
Flashcards by Robin Pearce, updated more than 1 year ago
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Created by Robin Pearce
almost 9 years ago
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| 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 |
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