These are the complete notes that I used to revise for my EU Law exam. They contain all the key cases and legislation, along with debate surrounding some of the main concepts. A bundle is available containing this document and others separate EU law topics.
Art.45(1) f eedo of o e e t of o ke s shall e se u ed ithi the u io
- Benefits both workers and employers eg places of higher wages and skilled workers if shortage
from own country. Eg professional footballers exercising this right for higher wages in UK & Spain
Art.45(2) employers cannot discriminate based on nationality.
Any national legislation that deters workers accessing movement rights prohibited (Graf 2000)
Graf 2000: Austrian law, termination payment after 3 years not if resign though. Left after 3.5 years to
o k fo Ge a o pa . ‘efused to pa . ECJ ag eed that this DIDN T est i t his ight to o k a oad.
Angonese 2000: ould t a ept deg ee e tifi ate fo jo . I sisted on Bolzano certificate (Italian). Held
discriminatory towards foreigners. Also shows that Art.45 applies to private employers.
Employers can also invoke non-discrimination right (Innovative Technology Center 2007)
THE DEFINITION OF WORKER
- Same in every state so states cannot prevent access for migrants (Levin 1982)
- Fu da e tal p i iple he e ide ea i g. Pe fo s se i es i etu fo e u e atio
(Lawrie-Blum 1986)
- Same rights for workers employed by foreign organisations (Ferlini 2000)
Levin 1982:
- Does t atte ho lo g a d fo ho u h as lo g as it s effe ti e a d asi ualitati e
th eshold has ee et.
- Moti atio fo o ki g does t atte , it s a uestio of fa t of e plo e t.
- Although defi itio ge e ous, ot e t e e. Wo t allo if o k is a gi al o a illa
Kempf 1986: Just e ause o ke supple e ts i o e ith fi a ial assista e f o state does t
ea the a ot e a o ke
What s a gi al? Left to atio al ou ts i so e espe ts. State sponsored drug rehab programme not
work in Bettray 1989 but in Trojani 2004 personal socio occupational reintegration programme was.
TRAINEES
- Students undertaking vocational training are workers. Eg Lawrie-Blum 1986 trainee teacher
training.
WORK SEEKERS
- Although lite al ould ea o as legislatio sa s a ept offe s of e plo e t a tuall ade
courts take wide purposive approach and have afforded them certain rights.##
- Antonissen 1991: migrants cannot be deported as long as they can prove they are a) actively
seeking employment and b) have a genuine chance of employment.
WORK SEEKERS AND SOCIAL BENEFITS
- I UK ha itual eside e test ust e la full i UK a d pla i g to settle fo ti e ei g .
Must be applied subject to proportionality principle. Although indirectly discriminate, objectively
justifiable. (Collins 2004- failed to prove this as not searched for work long enough). Still the test
cannot directly discriminate.
, PREVIOUSLY EMPLOYED
- Leclere 2001- still classed as workers! Although not pure work seekers like in Collins 2004.
FRONTIER WORKERS
- ie living in one state and commuting to another for work.
- Art.45 applies (Geven 2007). Also classed as migrant worker if live in other state and commute to
own country (Hartmann 2007).
EQUALITY IN SOCIAL AND WELFARE PROVISIONS REGULATION 1612/68
- Passed to implement Art.45(2)-(3)
- Arts.3-4 Eligibility for employment.
- States cannot limit application and offers of employment or subject migrants not applicable to
own nationals.
- Groener 1989- Teacher applied for job in Ireland. Not allowed as by law all need certificate in
Irish language even though taught in English. Court held reasonable as national language is
important to culture and is not discriminatory against migrants.
- Art.4: cannot limit number of migrants in a company (Commission v France 1974)
- Art.7: prohibition of discrimination in employment. Either direct or indirect. Both prohibited
apart from in two circumstnces a) PP, PS or PH (Art.45(3) b) employment in public service
(Art.45(4)).
DIRECT DISCRIMINATION: legislation that on the face of it discriminates against foreign nationals. Eg.
Can only join army if British, Irish or Commonwealth. This is a breach but exempted as public service.
INDIRECT DISCRIMINATION (allowed if overriding national interest): Not discriminatory on face of it but
rule does disadvantage foreign nationals as point of fact. O Fl 199 : gov paid for burial of deceased
person to person taking responsibility. Irishman was to be buried in Ireland. Held obvs foreign o ke s
more likely to miss out on this payment).
- Art.7(2): so ial a d ta ad a tages . Mig a ts ill ha e sa e ights as atio als. B oad
interpretation. ALL benefits not just employment ones (Fiorini 1975: Italian widow in France with
kids stopped from claiming big family cheap rail tickets because unemployed. Legal resident
though. Held breach of right.)
Lair 1988: right extended to funding/maintenance of fulltime education. Controversial as entails giving
up worker status to pursue education! Just have to prove that course in some way connected to
p e ious e plo e t. Must e so e o ti uit , u less e o es u e plo ed a d is e ui ed to
undertake training for future jobs market.
Even counts for migrant workers getting funding to study abroad (Matteucci 1998).
Bernini 1992: Italian lived in Holland most of life. Wanted to study abroad in Italy. Dutch refused
funding. Held irrelevant that Italy home country. All she needed to prove was relevance of study to her
work and if Dutch government gives funding to its own nationals to study abroad then it must to
migrants also.
Argued Forster 2008 o g de isio ould t lai g a t fo ea s fo i teg atio ot o siste t
with Lair as Forster has originally been primary school teacher and if could have shown relevance to
course, could have relied upon regulation.
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