European Union law week 3
Problem 4, lecture 19-10 and problem 5
The free movement of persons art. 45 TFEU
The free movement of persons could be distinguished between two classes of economic
migrants: employed art. 45 TFEU and self-employed persons art. 49 (natural persons)
and 54 (legal persons). Therefore, workers and the right of establishments are separated. EU
citizens have the right to move and reside freely within the territory of the Member States
art. 21 (1) TFEU.
Free movement of workers art. 45 TFEU
This provision has direct effect. It’s important to know when someone is a worker,
which is explained in the following case law. There are 3 criteria.
Lawrie-Blum (page 213) – Objective criteria distinguish the employment relationship
by reference to the right and duties of the persons concerned. It’s essential that for a certain
period of time (settled in a home state) a person performs services for and under direction of
another person in return for which he receives remuneration vergoeding p. 17. The underlined
phrases are the criteria for being seen as a ‘worker’.
The question that follows, is: “what form of remuneration would be required?”
Levin (page 219) – A British national was refused a residence permit in the
Netherlands, because she wasn’t engaged in work that provided her with remuneration
commensurate samenvallend with the means of subsistence considered as necessary by the
legislation of the Member State p. 10. The Court decided in this case that income of part-
time employment is also included when it comes to the rules on freedom of movement of
workers p. 15-17. Conclusion: the rights under art. 45 TFEU also apply to part-time
workers. The rules cover effective and genuine activity, but not purely marginal and
ancillary bijkomstig activity p. 17.
Trojani (page 225) adds that benefits could be considered as remuneration as long as
Problem 4, lecture 19-10 and problem 5
The free movement of persons art. 45 TFEU
The free movement of persons could be distinguished between two classes of economic
migrants: employed art. 45 TFEU and self-employed persons art. 49 (natural persons)
and 54 (legal persons). Therefore, workers and the right of establishments are separated. EU
citizens have the right to move and reside freely within the territory of the Member States
art. 21 (1) TFEU.
Free movement of workers art. 45 TFEU
This provision has direct effect. It’s important to know when someone is a worker,
which is explained in the following case law. There are 3 criteria.
Lawrie-Blum (page 213) – Objective criteria distinguish the employment relationship
by reference to the right and duties of the persons concerned. It’s essential that for a certain
period of time (settled in a home state) a person performs services for and under direction of
another person in return for which he receives remuneration vergoeding p. 17. The underlined
phrases are the criteria for being seen as a ‘worker’.
The question that follows, is: “what form of remuneration would be required?”
Levin (page 219) – A British national was refused a residence permit in the
Netherlands, because she wasn’t engaged in work that provided her with remuneration
commensurate samenvallend with the means of subsistence considered as necessary by the
legislation of the Member State p. 10. The Court decided in this case that income of part-
time employment is also included when it comes to the rules on freedom of movement of
workers p. 15-17. Conclusion: the rights under art. 45 TFEU also apply to part-time
workers. The rules cover effective and genuine activity, but not purely marginal and
ancillary bijkomstig activity p. 17.
Trojani (page 225) adds that benefits could be considered as remuneration as long as
