Free Movement of People

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Directive 2004/38
Lays down the conditions governing the exercise of free movement and residence rights by union citizens and their families
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Initial Residence Limits
Any union citizen (and their FM) can move to and reside in another MS for up to three months with a valid ID card or passport.
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Directive 2004/38 Articles 4-6
Non-Union members may be required to hold an entry visa
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Directive 2004/38 Article 14(3)
Expulsion must not be an automatic consequence of recourse to welfare for economically inactive citizens
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Directive 2004/38 Article 24(2)
MS are not obliged to grant welfare benefitds during the initial three month period except to workers, self-employed people and their families
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Articles 45 and 49 TFEU
Primary free movement rights of economically active citizens, workers in 45, Self-E in 49
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Directive 2004/38 Article 7(1d) & (2)
Extends the three month right to family members to members & non members
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Procureur du Roi v Royer & Directive 2004/38 Article 14 (4b)
Established & reinforced the right of UCs to enter and remain in an MS to seek work
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Directive 2004/38 Art 7 (1b) & (1c)
FMoP rights for those with independant means and students (both must have sufficient resources to not become a burden)
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Gravier v City of Liege
Tuition fees cannot be different for EU students due to principle of non-discrimination (but financial support can according to directive)
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SSHD v Akrich
Article 35 allows MS to refuse rights in cases of abuse or fraudlent marriages if the response is proportionate
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Directive 2004/38 Article 12
Covers what happens if there is a death or departure of the Union Citizen
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Diatta v Land Berlin
Divorces have no effect on rights
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Morson and Jhanjan v Netherlands
Free movement rights cannot be claimed against a home state unless the individual has exercised such rights
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Article 45(1) TFEU
fundamental principle of free movement for workers
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Article 45(3) TFEU
Workers Right to enter and remain subject to public policy, security or health
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Lawrie-Blum v Land Baden (definition of a worker)
the essential feature of an employment relationship... is that for a certain period of time a person performs a service for and under the direction of another and in return for which he receives renumeration
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Levin v Staatssecretaris
Part time work is allowed if "effective and genuine" economic activity and not purely "marginal and ancillary"
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Steymann v Staatssecretaris & Bettray v Staatssecretaris
The lack of formal wages did not rule out effective economic activity - man received "keep" and pocket money BUT in Bettray rehab is not work
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Ex P Antonissen
Whilst no right to remain indefinetely, an individual is entitled to remain if making genuine efforts to find work and has a real chance of reaching employment
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Article 16 Directive 2004/38
Right to permanent residence after 5 years
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Regulations 492/2011 Articles 1-6
Any national of an MS has the right to take up and pursue employment in another MS with same priority and conditions as host nationals (French Merchant Seaman case - France in breach as set a ratio of nationals to non-nationals on ships)
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Regulations 492/2011 Article 3(1)
Allows language requirements if necessary by reason of nature of the post to be filled
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Regulations 492/2011 Articles 7-9
7 - same tax and social advantages 8 - equality for membership of trade unions 9 - and housing including home ownership
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Reyners v Belgium (Case 2/74) & Van Binsbergen (Case 33/74)
Confirmed DE of Articles 49 and 56 respectively
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Gebhard [1995]
"Measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the treaty" must be non-discriminatory, justified in the general interest and subject for and proportionate to their objective - Avvocato title case
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Thieffy [1977]
Where qualifications are not recognised as equivalent, they must be compared with national requirements and if equivalent, accepted
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Article 56 TFEU
Restrictions on freedom to provide services within the Union shall be prohibited in respect of nationals of MS who are established in a MS other than that of the person for whom the service is intended
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Article 57 TFEU
Since services fall within the scope of the treaty if normally provided for remuneration, industrial, commercial and professional activities are all included
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Van Binsbergen v Bestuur [1974]
Requirements imposed on service providers are comptabile with EU law if they are equally applicable to state nationals, objectively justified in the public interest and proportionate
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Juisi and Carbone (Cases 286/82 & 26/83)
Article 56 includes the right to receive as well as provide services, in this case travelling to another MS for medical treatment
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Directive 89/48 and then Directive 2005/36
Provided for mutual recognition of qualifications not included in the 12 sectoral directives for requirements within certain professions
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Directive 2006/123 - The Services Directive - Article 16
Provides for free access to and free exercise of a service activity within another MS (subject to non-discrim, necessary and proportionate restrictions)
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Directive 2004/38 - Public Policy Interpretation in Article 27
the conduct must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society
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Orfanopoulos and Oliveri
the personal conduct must represent a present threat, satisfied at the time of expulsion (general rule)
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Van Duyn [1974]
Generally, past associations do not justify restrictions
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Orfanopoulos and Oliveri Personal Conduct Factors
nature and seriousness of offence, length of residence, time since offence, family circumstances. - Factors to consider when considering deportation.
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Bonsidmore
reasons of a general preventative nature based on the deterrent effect on other non-nationals do not justify restrictive measures
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R v Bouchereau
and the directive provide that past criminal convictions do not provide grounds for automatic deportation, the person must show a propensity to act in the same way in the future
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Other cards in this set

Card 2

Front

Initial Residence Limits

Back

Any union citizen (and their FM) can move to and reside in another MS for up to three months with a valid ID card or passport.

Card 3

Front

Directive 2004/38 Articles 4-6

Back

Preview of the front of card 3

Card 4

Front

Directive 2004/38 Article 14(3)

Back

Preview of the front of card 4

Card 5

Front

Directive 2004/38 Article 24(2)

Back

Preview of the front of card 5
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