EU Law - Article 45 TFEU: Free Movement of Worker I

  • Created by: Alasdair
  • Created on: 15-11-20 18:06
View mindmap
  • Article 45  TFEU: Free Movement of Worker I
    • What is a 'Worker'?
      • ECJ gave basic definition of worker
        • Lawrie-Blum v Land Baden-Wurttemberg (case 66/85) [1986] ECR 2121
        • A worker is a person who:
          • Performs services for another person
          • under control of other person
          • Receives remuneration
    • Workseekers
      • R v Immigration Appeal Tribunal,ex p Antoniessen (case C-292/89) [1991] ECR I-745
        • ECJ ruled person seeking work also came within scope of Article 45 TFEU
          • Thus Union citizen has right to move to another Member State to look for work and not merely to take up employment.
        • Lost some of its significance
          • due to Directive 2004/38 being in force, as Article 6(1) of Directive grants all Union citizens a right of residence of up to three months in other Member  States
            • there is no need for them to be carrying on an economic or any other activity during that period.
            • Article 14(4)(b) of Directive
              • Provides Union citizens who entered host State to look for worker may not be expelled for
                • as a long as they can provide evidence they are still looking for work and have genuine chance of being engaged.
    • Scope and Concept of 'Worker'
      • Levin v Staatssecretaris van Justitie (case 58/81) {1982] ECR 1035
        • ECJ: Part-time workers are considered workers in EU Law.
        • A part-time worker is a 'worker' under Article 45 TFEU, provided work is 'effective and genuine' and not on such a small scale as to be regarded as purely marginal and ancillary'
      • Wide concept
      • Kempf v Staatssecretaris van Justitie (case 139/85) [1986] ECR 1741
        • Kempf, a German national, was part-time music teacher.
        • He supplemented  his income, which was below subsistence level, with State benefits.
        • ECJ again confirmed part-time worker was a 'worker'
          • even if he supplements his income by 'other lawful means' including 'public funds' (State benefits)
      • Steymann v Staatssecretars van Justitie (case 196/87) [1988] ECR 6159
        • Steymann, German national, was member of Bhagwan religious community in Netherlands which provided for material needs of its members.
          • In return, he carried out various activities, including plumbing
        • ECJ held that even unpaid worker for religious community could be a 'worker'
          • Because his work contributed towards community's economic activities and benefits he received from community in return were kind of 'indirect' wage
      • Bettray v Staatssecretaris van Justitie (case 344/87) [1989] ECR 1621
        • Bettray, a drug addict, was undertaking therapeutic work as part of a drug-rehabilitation programme.
        • Scheme was  designed to reintegrate people  who were temporarily incapacitated into workforce.
          • They received payment and were  treated, as far as possible, as ordinary employees
        • ECJ found work carried out by drug addict as part of a rehabilitation scheme did not make him a 'worker'
          • The purpose of work was to benefit him, not to carry out economic activity.
      • Steymann and Bettray emphasise workers must  be carrying out work that is genuine economic activity.


No comments have yet been made

Similar Law resources:

See all Law resources »See all EU Law resources »