769471
Free movement of workers
- shall be secured within the Community Art. 45 TFEU (has
direct effect- Commission v France, Van Duyn)
- abolition of any discrimination based on nationality between workers of the
Member States as regards employment, remuneration and other conditions of
work and employment.
- subject to limitations justified on grounds of
public policy, public security or public health
- (a) to accept offers of employment actually made; (b) to move freely within the territory of Member States
for this purpose; (c) to stay in a Member State for the purpose of employment in accordance with the
provisions governing the employment of nationals of that State laid down by law, regulation or
administrative action; (d) to remain in the territory of a Member State after having been employed in that
State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the
Commission.
- (a) to accept offers of employment actually made; (b) to move freely within the territory of Member States
for this purpose; (c) to stay in a Member State for the purpose of employment in accordance with the
provisions governing the employment of nationals of that State laid down by law, regulation or
administrative action; (d) to remain in the territory of a Member State after having been employed in that
State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the
Commission.
- 'worker' is someone who performs services for and under the direction of another in return for remuneration
during a certain period of time. Lawrie v Blum
- The worker must be engaged in a ‘genuine and effective’ economic activity Bettray v Staatssecretaris
- The economic activity concerned must not be on ‘such a small scale as to be purely marginal and ancillary’. Raulin
- worker” covers part-time work, even where paid at a lower rate
than the national guaranteed minimum, provided the work is genuine and not marginal or ancillary. Levin
- Royer: Job seekers were workers for the purposes of EU Law
- D’Hoop; Collins; Ioannidis - the CJ held: the EU job seekers
may be entitled to social benefits provided that they can establish connection with the MS concerned
- EU workers’ family members
- The spouse of the worker is entitled to install himself or herself with the worker in the
territory of the state where the EC national is working. Netherlands v Reed
- Separation does not dissolve the marital relationship for the purpose of EC residence rights. Diatta v Land Berlin
- When children (EU nationals) involved the spouse will not loose her residency right (non EU M- has to have custody of her ch): Baumbast
- The spouse of the worker is entitled to install himself or herself with the worker in the
territory of the state where the EC national is working. Netherlands v Reed
- Free movement rights granted to EU workers and their family members
- Rights of entry and residence: Directive 2004/38
- Employment rights 1612/68: Regulation Groener v
Minister for Education Commission v France
- Employment and equality of treatment
- Other rights: Right of access to training in vocational schools and retraining centres under the same
conditions as national workers Trade union rights Housing
- Social and tax advantages
- Automatic access to education: Commission v Belgium: held: children entitled to full national treatment in national education- cannot be
discriminated
- Rights of entry and residence: Directive 2004/38
- Reverse discrimination
- Government of the French Community v. Flemish Government:
EU law cannot be applied to purely internal situations
- Government of the French Community v. Flemish Government:
EU law cannot be applied to purely internal situations
- Restrictions to the free movement of EU workers
- Restrictions on grounds of public policy, public security and public health
- Restrictions applicable to ‘employment in the public service’
- Sotgiu v Deutsche Bundespost: Article 39(4) (now Article 45(4) TFEU) only applies to ‘certain activities’ in the
public service ‘connected with the exercise of official authority’
- Commission v Belgium: Article 39(4) (now Article 45(4) TFEU) could only apply in relation to employees
‘safeguarding the interests of the State’.
- Sotgiu v Deutsche Bundespost: Article 39(4) (now Article 45(4) TFEU) only applies to ‘certain activities’ in the
public service ‘connected with the exercise of official authority’
- Restrictions on grounds of public policy, public security and public health
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