Free Movement of Person

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  • Created by: Emma13
  • Created on: 19-06-18 09:16
What does Art 49 TFEU establish?
Freedom of establishment
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What does Art 56 TFEU establish?
Freedom to provide service
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What does Art 45 TFEU establish?
Free movement of workers
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Who benefits from Art 45 tfeu?
Workers as defined by case law, have to also be an EU national
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What does the case of Micheletti establish?
Who is an EU national is an issue for the MS concerned
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What does Saunders establish?
Art 45 TFEU Migrant has the right to move, need movement from home MS to another to get rights
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What did Lawrie Blum establish?
Worker test; Performs services for another person, under the control of that person, receives remuneration
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What did Kempf establish?
Part time work is still work
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What did Steymann establish?
Benefits in kind were renumeration
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What did Betray establish?
No real economic activity; benefit to him on personal level
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Can the workers families have free movement aswell?
Not explicitly covered in Art 45..Directive 2004/38 establishes rights for family members
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What does Art 2 Directive 2004/38 establish?
Gives rights for family members inc spouse (2a) registered partner equivalent to marriage (2b) Children under 21/ dependent (2c) parents (2d)
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What does Art 3 Directive 2004/38 establish?
Gives rights to further family members, (2a) other family irrespective of nationality who are dependent/ serious health grounds or (2b) durable relationship
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What will be needed for prove a marriage to MS to allow freedom?
Producing a valid marriage certificate will guarantee right of entry and residence
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What did Sandu establish?
Once EU worker leaves the host MS, the Spouse loose his/her right of residence. Except if spouse has custody of children who are in education in ms Art 12(3) Dir 2004/38
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What did Diatta establish?
A separated couple remains a spouse until divorce, they don't need to be living under the same roof
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What did Surinder Singh establish?
Returning migrant worker when returning to home state and can therefore bring their spouses home with them
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What did Regulation 492/2011 establish?
No discrimination on regards conditions of employment, same tax and social advantages and access to training Art 7
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What does Art 5 Dir 2004/38 establish?
Right of Entry (5(1))
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What does Art 6 Dir 2004/38 establish?
Right of residence for 3 months (6(1))
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What does Art 7 Dir 2004/38 establish?
Right of residence for more than 3 months (7(1))
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Does it matter if you are self employed?
No under Art 49 TFEU
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What did Levin establish?
Work = effective economic activity under Art 5(1) Dir 2004/38
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What type of effect does Art 45 TFEU have?
Horizontal and vertical direct effect
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What type of effect does Dir 2004/38 have?
Vertical direct effect only
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What type of effect does Regulation 492/2011 have?
Horizontal and vertical direct effect
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What does Art 23 in Dir 2004/38 establish?
Related rights for work in Art 13
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What does Art 5(2) Dir 2004/38 establish?
Right of entry - need valid passport and may need entry visa depending on domestic law
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What does Art 6(1) Directive 2004/38 establish?
Family members need valid passport
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What does Art 7(2) Dir 2004/38 establish?
Right of residence 3+ months, family members need valid passport
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What did Reed establish?
Same sex couples the same as straight couples
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What did Ramen establish?
Under Art 3(2)(b)) Dir 2004/38 applications on relationships are more favourable
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What does Art 27(2) Dir 2004/38 establish?
Criminal conviction in itself is not grounds for taking measures under public policy or security
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What did Bouchereau establish?
Art 27 Dir 2004/38 current membership of org = personal conduct, but is it a G,P,** threat to fundamental interest in society?
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How can MS justify restriction of free movement of workers?
For distinctly applicable (DD) Treaty provisions only, for Indistinctly applicable (ID) Treaty provisions and Cassis style approach, all cases must be proportionate
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What are the Treaty exceptions under Art 45?
Art 45(3) TFEU Public policy, public security and public health.
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What does Art 27 Dir 2004/38 establish?
For public policy/security/health justifications must not be invoked to serve economic ends. Based on personal conduct, represent genuine,present,sufficiently serious threat to fundamental interest in society.
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What did Van Duyn establish?
Current membership of an organisation = personal conduct, if administrative measure have been taken against the organisation, can be sufficient to justify exclusion (not essential for activities of body to be illegal)
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What did Adonc establish?
Taking a stance against an organisation is not the same as taking 'repressive measures'
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What does Art 29 Dir 2004/38 establish?
For public health justification, only diseases of epidemic potential on WHO list can justify
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What does Art 45(4) TFEU establish?
Public service exception, ART 45 TFEU is not applicable for employment of public service - narrowly interpreted
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What did Railway Workers and Nurses case establish?
Only post where public law powers being exercised for the exception e.g judicial app; or safeguarding the general interest of state e.g police
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What is the Cassis style approach for the justification?
IDD restriction acceptable if it can be justified for a reason of general or public interest (mandatory requirements) and not disproportionate as in Bosman
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What does Art 29(1) Dir 2004/38 establish?
UK can't use public health exception to serve economic means alone
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Other cards in this set

Card 2

Front

What does Art 56 TFEU establish?

Back

Freedom to provide service

Card 3

Front

What does Art 45 TFEU establish?

Back

Preview of the front of card 3

Card 4

Front

Who benefits from Art 45 tfeu?

Back

Preview of the front of card 4

Card 5

Front

What does the case of Micheletti establish?

Back

Preview of the front of card 5
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