Free movement of workers

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  • Created by: Hope
  • Created on: 13-05-16 09:19
What type of freedom is it?
A market access freedom, which means you can only exercise it when you have a relationship to the market- .i.e. working
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What are arguments for free movement of workers?
Optimal allocation of resources, employment selection on merit not nationality, building EU solidarity, ensuring lasting peace, human rights
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What are the arguments against free movement of workers?
No control over migration flow, 'benefit tourism', strain on public services, undercutting of wages/conditions
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What is the treaty foundation for this principle?
Art 45 TFEU, Art 46 TFEU
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What is the legal base in secondary legislation?
Dir 2004/38 (citizenship directive) & Reg 492/2011 (free movement of workers and entitlement to benefits.)
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Who is covered by this freedom? Which is best to be?
Workers and job seekers. Workers have more security and it is very difficult to deport them, jobseekers are protected but not as much
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How do we decide what a worker is? Authority?
Hoeskra - the court decides and makes an autonomous definition, so we don't have different interpretations
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What are the three criteria for determining who counts as a worker?
has to be an EU citizen, has to have effective and genuine employment activity (not ancilliary), has to pass the subordination test
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What else do we have to examine?
The relationship between the employee and employer- Lawrie Blum
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What are the essential features of an employer-employee relationship?
the employee - performs a service of economic value, for and under the direction of another person, in return for which he receives remuneration
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Which case discusses the relevance of the level of remuneration? What was the rule?
Levin- level of remuneration is irrelevant, purpose of employment is also irrelevant (even if its to abuse your rights)
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Does remuneration have to be monetary? Example?
No, it can be in exchange for services - Steymann
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What about therapeutic work or prison labour? Example?
Doesn't count for them because there is no economic need for their work- it is for rehabilitation purposes
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Is there an exception to this? Authority?
Rehab work doesn't automatically disqualify you, if you can show some link to the labour market- Trojani
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What was held to be a reasonable period to allow jobseekers to look for work?
6 months- Antonissen
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Is there an exception to this? Where does it come from?
Art 14 (b) Dir 2004/38- EU citizens may not be expelled as long as they can show they are genuinely seeking employment and have a real chance of being engaged
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What kind of benefits can jobseekers have access to? Authority?
Lebon- employment benefit and no others, Collins- right to jobseekers allowance if there is a genuine link between the person seeking work and the labour market of the state
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What is the legal effect of art 45? Example?
It is both horizontally and vertically effective- Angonese
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How can you justify direct discrimination? Example?
Schiebel- strong burden on justification- must not go beyond what is necessary and proportionate
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Which case is an example of indirect discrimination?
Sotgiu
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Can something non-discriminatory still block the free movement of workers? Authority?
Bosman- yes
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What blocks free movement according to the rule in Bosman? Examples?
Higher social contributions for employees moving to another MS (terhoeve), National rule prohibiting the use of a vehicle registered in another MS by a worker domiciled in that [rule-imposing] MS (Van Lent)
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What doesn't count as a restriction according to Bosman? Examples?
No compensation for voluntary termination of employment (Graf), Negative tax consequences from cross-border movement (Weigel), • Difference in the Levels of Benefit between the MS of previous employment and MS of residence (Jeltes)
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How does the EU apply to reverse discrimination?
EU doesn't get involved in internal affairs, discrimination against host MS nationals is not prohibited (saunders), there has to be a cross-border element
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Card 2

Front

What are arguments for free movement of workers?

Back

Optimal allocation of resources, employment selection on merit not nationality, building EU solidarity, ensuring lasting peace, human rights

Card 3

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What are the arguments against free movement of workers?

Back

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Card 4

Front

What is the treaty foundation for this principle?

Back

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Card 5

Front

What is the legal base in secondary legislation?

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