EU 2.2 - Free Movement of Workers

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Case DescriptionCase Name
3-part def'n of what is a worker: (1) performs service for another person (2) under control of that person (3) receives remuneration
Confirmed that a part-time worker IS a worker, provided work is 'effective and genuine' and not on so small a scale as to be 'ancillary'
A part-time worker can be a worker EVEN IF he supplements his income with State benefits
Even an 'unpaid' worker could be a worker, if work carries out some kind of econ. activity and in return he receives an 'indirect' wage
Drug addict in rehab programme NOT a worker - purpose of work was to benefit him not to carry out a genuine econ. activity
Interpretation of nationality - the Q of whether an individual possesses the nationality of a MS will be settled SOLELY by ref to the nat law of the MS concerned
Authority for right of exit
Authority for right of entry
Authority for right of residence for up to 3 months
Authority for right of residence for longer than 3 months
Authority for right of permanent residence
Authority for administrative formalities necessary for receiving right of permanent residence
Authority for retention of right of residence by family members in event of the death/departure of the Union citizen
Authority for retention of right to residence by family members in the event of divorce etc
Re documentation (passports etc) - these do not confer rights, they're merely evidence that the individual has them. Expulsion of s.o. who doesn't have them is disproportionate
Case DescriptionCase Name
To be a migrant worker's spouse, no need to live in same accomm. as them - just have to be technically married
Where migrant worker returned to her home MS, her spouse's right to remain in UK ended: no longer had secondary right to be there
Article of Directive which deals with the exceptions to rights of entry and residence
Re exceptions: association with a 'socially harmful' group CAN constitute personal conduct under Art.27(2) of the Directive
Re exceptions: previous criminal convictions only relevant insofar as s.o. poses a 'present threat'. In some circ.s past conduct alone could suffice
Re exceptions: a MS cannot refuse residence to a non-national where MS doesn't adopt repressive measures against its own nationals acting in same manner
Right to Equal Treatment: e.g. of a directly discriminatory (= distinctly applicable) case
Right to Equal Treatment: e.g. of an indirectly discriminatory (subsection of indistinctly applicable) case
Right to Equal Treatment: e.g. of a non-discriminatory (subsection of indistinctly applicable) case
Right to Equal Treatment: secondary leg. which amplifies and clarifies rights set out in A.45(2) TFEU
Right to Equal Treatment: case confirming Art.3 Reg 1612/68 that linguistic considerations CAN be taken into account when employing s.o., provided uniformly applied and proportiona
Authority that family members of a Union citizen with the right of residence in a host State have the right to take up employment there, irrespective of nationality
Justification of D.A./directly discriminatory measures: the A.45(3) exceptions may be used by INDIVIDUALS accused of hindering free movement, as well as by States
A45(4) ('the provisions of this Article shall not apply to employment in the public service') has been construed very narrowly (police, civil service)
Case confirming that the Cassis approach could be used to justify I.A. measures in free movement of workers cases too

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Created Aug 8, 2013ReportNominate
Tags:case, description, free, movement, worker