Free movement of persons and services
- Created by: azdw
- Created on: 03-01-16 13:05
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- Free movement of persons and services
- 1. Advise if someone is EU citizen or TCN
- The free movement principle is there should be no barriers - single market
- ARTICLE 20 TFEU - EU citizenship
- ARTICLE 3.1 Citizens Directive
- ARTICLE 20 TFEU - EU citizenship
- The free movement principle is there should be no barriers - single market
- 2. Shenghen is part of body of EU law that gives more rights to TCNs
- Doesn't apply in UK
- 3. Residency basis: must fit a recognised category or as a recognised family member
- Who can stay past 3 months?
- Workers -Article 7 CD, Article 45 TFEU
- self sufficient - Article 7.1(b) CD
- retired - article 17 CD
- setting up business - Article 49 TFEU, Article 7 CD
- Free movement of business
- free movement of establishment - Article 49 TFEU
- free movement to provide/ receive services - Article 56 + 57 TFEU
- temporary and must be remunerated
- free movement to provide/ receive services - Article 56 + 57 TFEU
- free movement of establishment - Article 49 TFEU
- Free movement of business
- Job seekers - Article 14.4 CD, Antonissen 292/89
- Students - Article 7.1(c) CD
- giving/ receiving services- Article 56-7 TFEU
- Who can stay past 3 months?
- 4. TCNs rights of residency before 5 years are dependant upon establishing relationship with citizen -
- Article 2(2) CD
- Article 3(2) (e.g brothers)
- Dependancy
- Article 3(2) (e.g brothers)
- Once lawfully living in host MS, all EU citizens and TCN family members are entitled to equal treatment
- Residency: Citizens Directive
- Article 6 - up to 3 months
- Article 14 - must not be burden on MS social welfare
- Article 7 - beyond 3 months
- Article 16 - beyond 6 years
- Article 7 - worker
- Article 16 - beyond 6 years
- Article 7 - beyond 3 months
- Article 14 - must not be burden on MS social welfare
- Article 6 - up to 3 months
- Residency: Citizens Directive
- Article 2.2 1. spouses 2. civil partners if partnership recognised by host MS 3. children up to 21 or over if dependant 4. parents or grandparents if dependant
- Article 3.2 i) other family members - must be need or dependancy ii) partners cohabiting
- Case law on dependancy - Rahman - right to be considered but no rights, and must be given reasons for refusal
- Article 3.2 i) other family members - must be need or dependancy ii) partners cohabiting
- Rights of TCNs < Entry - article 5 CD < Residency - article 6 -3 months, article 7.2 - beyond 3 months < children right to education - article 10, regulation 492/2011 < right to work - article 23 < right to equal treatment - article 24
- Principle of equal treatment - applies to EU citizens in host MSs - applies to TCNs lawfully resident in host MS
- Indirect discrimination - language requirements - Groener - can justify if necessary to do the job
- Principle of equal treatment - applies to EU citizens in host MSs - applies to TCNs lawfully resident in host MS
- Article 2(2) CD
- 5. Before establishing family for TCN, address the associated issues relating to things such as restrictions or unequal treatment
- 6. Derogation: any possible lawful derogation or restriction issues?
- CD article 28 + 29
- 7. Is application of derogation genuine, proportionate and compatible with HR?
- Baumbast and Trojani are directly effective - says must be proportionate
- Trojani- French national workng in Belgium. applied for Belgian minimum wage, CJ granted - said he had been discriminated on based on nationality
- Baumbast and Trojani are directly effective - says must be proportionate
- MUST BE CROSS BOARDER SITUATION - NEED TO ACTIVATE RIGHTD. CANOT USE EU LAW IF HAVEN'T LEFT YOUR COUNTRY - Morson and Jhanjan
- 1. Advise if someone is EU citizen or TCN
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