69619
Description
Mind Map by divine_lyadiee, updated more than 1 year ago
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Created by divine_lyadiee
about 11 years ago
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Free movement of
persons
- Art 45 governs free movement of
workers.
- 'Freedom of workers shall be secured within the Unationalsnion ... right
involves the freedom to move freely within the territory of M/s for the
purpose of staying in a M/s for enjoyment in accordance with the
provisions governing the employment for of that state+ remain in the
territory of a M/s after being employed subject to conditions laid out in
regulation 635/2006 EC. Limitations - public policy,security & health.
- Worker- union concept- Levin - looks at the concept of worker, formal v economic concept, whether an
individual is employed/self employed. Economic nature/duration + quality of work.
- Test - Lawne Blum 3 stage: during a certain period of time, performs services for/ under direction of another, in
return for remuneration (does not need to be cash)
- Workers - Part-time - work must be real, Kempt - part-time income fell below minimum wage of state,
Steyman - plumber = member of a religious group performed general household duties received pocket
money + stay = worker.
- Non workers - Bettray - paid activity provided by the State as a drug rehabilitation programme= not real + genuine economic activity ( work
must come from an economic purpose) rehabilitation was for the re-eduaction of persons. Trojani - whether activities were part of a normal job
market question is left to the national courts to decide.
- Jobseekers - M/s can expel a jobseeker whom they feel has no chance of finding work.
- Art 7 (3) directive 2004/38 Eu citizens that are no longer workers will retain status if they are temporarily unable to find work due to
illness/accident after being employed for more than 1 year & registered with the jobseekers
- Less than 1 year - retained if registered as job seekers, vocational training & voluntary unemployment = conditional link
between training & previous employment.
- Students - must show sufficient resources to avoid being a burden to the state (sickness insurance),
Students that become involuntary unemployed must show a link between previous work & study to
gain support, involuntary unemployment retains status even if study in unconnected.
- Retired people - directive 2004/38- need sufficient resources + sickness insurance - self employed persons that have ceases
occupational activity. Persons with independent means - need sufficient resources, families may take up employed activity.
- Discrimination - art 45 + directie confers a right of non-discrimination on grounds of nationality
regarding pay, conditions of work + employment. Access to social citizenship entitlements art 18
discrimination denied on grounds of nationality.
- Direct discrimination = prohibited on ground of nationality, indirect discrimination =
prohibited but can be justified if it is proportionate to aim.
- Direct discrimination = prohibited on ground of nationality, indirect discrimination =
prohibited but can be justified if it is proportionate to aim.
- Discrimination - art 45 + directie confers a right of non-discrimination on grounds of nationality
regarding pay, conditions of work + employment. Access to social citizenship entitlements art 18
discrimination denied on grounds of nationality.
- Retired people - directive 2004/38- need sufficient resources + sickness insurance - self employed persons that have ceases
occupational activity. Persons with independent means - need sufficient resources, families may take up employed activity.
- Students - must show sufficient resources to avoid being a burden to the state (sickness insurance),
Students that become involuntary unemployed must show a link between previous work & study to
gain support, involuntary unemployment retains status even if study in unconnected.
- Less than 1 year - retained if registered as job seekers, vocational training & voluntary unemployment = conditional link
between training & previous employment.
- Art 7 (3) directive 2004/38 Eu citizens that are no longer workers will retain status if they are temporarily unable to find work due to
illness/accident after being employed for more than 1 year & registered with the jobseekers
- Jobseekers - M/s can expel a jobseeker whom they feel has no chance of finding work.
- Non workers - Bettray - paid activity provided by the State as a drug rehabilitation programme= not real + genuine economic activity ( work
must come from an economic purpose) rehabilitation was for the re-eduaction of persons. Trojani - whether activities were part of a normal job
market question is left to the national courts to decide.
- Workers - Part-time - work must be real, Kempt - part-time income fell below minimum wage of state,
Steyman - plumber = member of a religious group performed general household duties received pocket
money + stay = worker.
- Test - Lawne Blum 3 stage: during a certain period of time, performs services for/ under direction of another, in
return for remuneration (does not need to be cash)
- Worker- union concept- Levin - looks at the concept of worker, formal v economic concept, whether an
individual is employed/self employed. Economic nature/duration + quality of work.
- 'Freedom of workers shall be secured within the Unationalsnion ... right
involves the freedom to move freely within the territory of M/s for the
purpose of staying in a M/s for enjoyment in accordance with the
provisions governing the employment for of that state+ remain in the
territory of a M/s after being employed subject to conditions laid out in
regulation 635/2006 EC. Limitations - public policy,security & health.
- citizeship
- art 20(1) - confers eu citizenship to every person with a nationality of a m/s - this is determined by
the m/s.
- Rights = (2)- move + reside freely within the m/s, vote + stand as candidates in elections to the EP, enjoy
territory in which m/s is not represented +protection of diplomatic authorities, petition the EP, apply to the
European ombudsman.
- CRD 2004/38 - better definition of family , limits scope of refusing entry/terminating right of
residence
- ( art 6 ) - right 2 move,reside, remain up to 3 months - enter m/s with identity card/valid passport - no travel documents host m/s must provide facility for
such documents. family members without nationality = same rights maybe subject to short term visa residence permit no obligation to grant social assistance.
- mid-term - art 7 more than 3 months-5yrs - right of residence may come from economic activity, vocational
training, sufficient resources, family member.
- Long term residency - 5yr period of uninterrupted legal residence art 16- document issuing permanent residency if required, non eu family
members lived with eu citizen issued with permanent residency card renewed every 10 yrs, lost if away from m/s more than 2 years.
- Citizenship + social security - Martinez Sala - if a eu national is lawfully residing within another m/s there are entitled to equal treatment with nationals
regarding to benefits which fall within the scope of the treaties.
- Worker/training benefits - Grzelczyk- French student worked part-time to support studies, applied for financial assistance, denied on the grounds of nationality held:
student had the right to move and reside there based on art 20 & a right to non discrimination with regards to social benefits ( eu citizens are to have access 2 social
assistance on the same conditions as nationals.
- Bidar - assitance granted to students in the form of loans, grant = in the scope of treaty articles, but assistance intended for
maintenance costs = degree of intergration must have taken place
- Human rights - Baumbast - Mr B German national formerly employed in the Uk, residence permit could not be renewed because he longer satisfied the criteria for
migrant worker/ general right of residency. but his family still lived in the UK. Held: Mr B could enjoy right of residency directly from art 21(1). The children were
allowed to remain in the Uk to complete their education & a grant of residency had to be awarded to a primary carer of the children - interpreted with art 8 ECHR.
- Ibrahim - right of residency of the primary carer end when the child reaches the age of maturity, unless they continue to need the parent to pursue their
education.
- Art 20 prohibits m/s from refusuing a TCN whose children a mminors & eu citizens from a right of residency, grant of work permit if such will deprive the
children from a genuine enjoyment of the substance of eu rights.
- Dereci - the national must be in a position where they have to leave the Union as a
whole
- Dereci - the national must be in a position where they have to leave the Union as a
whole
- Art 20 prohibits m/s from refusuing a TCN whose children a mminors & eu citizens from a right of residency, grant of work permit if such will deprive the
children from a genuine enjoyment of the substance of eu rights.
- Ibrahim - right of residency of the primary carer end when the child reaches the age of maturity, unless they continue to need the parent to pursue their
education.
- Human rights - Baumbast - Mr B German national formerly employed in the Uk, residence permit could not be renewed because he longer satisfied the criteria for
migrant worker/ general right of residency. but his family still lived in the UK. Held: Mr B could enjoy right of residency directly from art 21(1). The children were
allowed to remain in the Uk to complete their education & a grant of residency had to be awarded to a primary carer of the children - interpreted with art 8 ECHR.
- Bidar - assitance granted to students in the form of loans, grant = in the scope of treaty articles, but assistance intended for
maintenance costs = degree of intergration must have taken place
- Worker/training benefits - Grzelczyk- French student worked part-time to support studies, applied for financial assistance, denied on the grounds of nationality held:
student had the right to move and reside there based on art 20 & a right to non discrimination with regards to social benefits ( eu citizens are to have access 2 social
assistance on the same conditions as nationals.
- Citizenship + social security - Martinez Sala - if a eu national is lawfully residing within another m/s there are entitled to equal treatment with nationals
regarding to benefits which fall within the scope of the treaties.
- Long term residency - 5yr period of uninterrupted legal residence art 16- document issuing permanent residency if required, non eu family
members lived with eu citizen issued with permanent residency card renewed every 10 yrs, lost if away from m/s more than 2 years.
- mid-term - art 7 more than 3 months-5yrs - right of residence may come from economic activity, vocational
training, sufficient resources, family member.
- ( art 6 ) - right 2 move,reside, remain up to 3 months - enter m/s with identity card/valid passport - no travel documents host m/s must provide facility for
such documents. family members without nationality = same rights maybe subject to short term visa residence permit no obligation to grant social assistance.
- CRD 2004/38 - better definition of family , limits scope of refusing entry/terminating right of
residence
- Rights = (2)- move + reside freely within the m/s, vote + stand as candidates in elections to the EP, enjoy
territory in which m/s is not represented +protection of diplomatic authorities, petition the EP, apply to the
European ombudsman.
- art 20(1) - confers eu citizenship to every person with a nationality of a m/s - this is determined by
the m/s.
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