Summary Institutional and Substantive EU Law - Free Movement of Workers

Free Movement of Workers
Legal Basis:
ART 18 TFEU → Principle of Equal Treatment
ART 45 TFEU → Freedom of workers
- Applies only to EU citizens engaged in active employment and those
seeking employment under certain conditions
- ART 45 (2) → Principle of Non Discrimination
- ART 45 (4) → Does not include public services
- ART 45(3) → Justifications
Charter 34(2) → Social security & social assistance: Econ. active
Regulation 492/11 → Workers
- ART 7(2) Reg→ Workers have same social and tax advantages as national workers
CRD → Right of citizens and family members

Workers
DE→ Vertical and Horizontal (Bosman Case)
Workers: Lawrie Blum and Trojani (Par 15)
- For a certain period of time, a person performs services under direction of another
person and received remuneration
- Requirements: 1. Real and genuine
- Part time/ short amount of time: not important
- Part time→ needs to be doing smth else at the same time
Ex: Studying
2. Subordination
- Working under coordination of someone else
3. Remuneration
- Getting paid
Posted Worker→ Posted worker' means a worker who, for a limited period, carries out
his work in the territory of a Member State other than the State in
which he normally works ART 2 PWD
- Laval case

- Work seekers → Workers ART 14(4)(b)CRD
- Self-employed→ Not worker

- For EU law to apply→ Interstate element
- Free movement can be derived to family members

, Public Service Exception
- Not covered by ART 45
- Problem: Public service is broad
- Autonomous meaning
- 2 stage test→ Comm v Belgium
1. Employment must involve exercise of public powers
2. Employment must entail duties designed to safeguard public
interest
Rights of EU Migrants
Things to consider
1) Classification of individual
- Worker/self-employed etc
2) Duration of residence
- 0-3 months
- 3m-5 years
- 5 years +
3) Secondary legislation
- Workers Reg
- Self-employed → CRD

1. 0-3 Months
Right to Enter (Art 5 CRD)
- Union citizen
- ID
- No visa requirement
Right of Residence (Art 6 CRD)
- National law on registration (Art 5(5) CRD
- Right to reside
Right to equal Treatment
- Economically/semi→ Art 24(2) Directive 2004
- Workers→ same social and tax advantages as national workers Art 7 (2) Reg

2. 3m-5y
Right of Residence (Art 7(1) CRD)
- Worker or self-employed → Economically Active
- Semi economically→ PIMs + Students
- Fam members joining Union citizens
Right to Equal Treatment
- Worker or self-employed
- Students + PIM→ excluded from social benefits