Free Movement of Persons

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  • Created by: Katie
  • Created on: 20-01-16 15:55

Rudy Grzelczyk

'Union citizenship is destined to be the fundamental status of nationals of the MS, enabling those who find themselves in the same situationto enjoy the same treatment in law irrespective of their nationality'

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Baumbast v SSHD

Had sufficiant sickness and health insurance so was intitled to stay in the UK under Art 21 TFEU.

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Commission v Belgium (public employees)

Public service is defined as involving 'Exercise of power conferred by public law' with a 'responsibility for safeguarding the general interests of the state'

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'The essential feature of an employment relationship, however, is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration'

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Part time work is classed as work as long as it it 'effective and genuine' not 'purely marginal and ancilliary' 

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Facts: volunteered for a religious community and received no formal pay. This was still classed as work as it was 'genuine and effective and not such as to be regarded as purely marginal and ancillary'

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Bettray v SS for Justice

Rehap is not an 'eefective and geuine economic activity'

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'Measures liable to hinder or make less attractive the excercise of fundamental freedoms guarenteed by the Treaties' must be:

- non discriminatory

-justified in public interest

- suitable for and proportionate to objective

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As Theiffry's Belgian qualifications were officially recognised as equivelent in France, they had to be accepted as such.

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Commission v Italy (Pharmacies)

'The health and life of humans ranks foremost among the assets and interests protected by the Treaty'

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Van Binsbergen

Requirements for persons providing services are compatable with EU Law if they:

- are equally applicable to host state nationals

- justified in public interest

- proportionate

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Any restrictions 'liable to prohibit or otherwise impede' provision of services are only compatable if:

- Equally applicable

- justified in public interest

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Orfanopoulos v Oliveri


Must take account of:

Nature and seriousness

Length of residence

Time since crime

Family circumstances

Proper regard must be given to fundamental rights 

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R v Bouchereau

Previous convictions can only be taken into account if 'the circumstances which gave rise to the conviction ae evidence of personal conduct constituting a present threat to the requirements of public policy'.

This can only be the case when that individual shows 'a propensity to act in the same way in the future'

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Established right of residence for jobseekers

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Jobseekers can remain if they are making a genuine effort to find work and have a realistic chance in finding work

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Linguistic requirement can be justified if it is national policy to promote the language as the first official language

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MS can examine a persons knowledge and qualifications to see if they are equivelent. If not they can require that person to prove that they have aquired the relevent knowledge and qualifications lacking.

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