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Lecture notes EU Internal Market Law - WORKERS
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Lecture notes of 5 pages for the course EU Internal Market Law at QUB
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Workers iiArt 45.2. Such freedom of movement shall entail the abolition of any discrimination based on
nationality between workers of the Member States as regards employment, remuneration and
other conditions of work and employment
Regulation 492/11
•Equal access to employment (Art 3.1)
•Equal treatment in employment (Art 7)
Social advantages: workers, job seekers and former workers
What is to be understood by ‘social advantages’?
‘WHETHER OR NOT LINKED TO A CONTRACT OF EMPLOYMENT , [SOCIAL ADVANTAGES]
ARE GENERALLY GRANTED TO NATIONAL WORKERS PRIMARILY BECAUSE OF THEIR
OBJECTIVE STATUS AS WORKERS OR BY VIRTUE OF THE MERE FACT OF THEIR RESIDENCE
ON THE NATIONAL TERRITORY AND THE EXTENSION OF WHICH TO WORKERS WHO ARE
NATIONALS OF OTHER MEMBER STATES THEREFORE SEEMS SUITABLE TO FACILITATE
THEIR MOBILITY WITHIN THE COMMUNITY’ (C 207/78 Even)
What is the situation of jobseekers in relation to social advantages?
•‘In view of the establishment of citizenship of the Union and the interpretation in the case-law of
the right to equal treatment enjoyed by citizens of the Union, it is no longer possible to exclude
from the scope of Article [45] of the Treaty – which expresses the fundamental principle of equal
treatment, guaranteed by Article [18] of the Treaty – a bene t of a nancial nature intended to
facilitate access to employment in the labour market of a Member State.’ [C-138/02 Collins, para
61]
Quali cation:
•‘The Court has already held that it is legitimate for the national legislature to wish to ensure that
there is a genuine link between an applicant for an allowance in the nature of a social advantage
within the meaning of Article 7(2) of Regulation No [492/2011] and the geographic employment
market in question.’ [C-138/02, Collins, para 47]
Problem
Article 24.2 Citizens' Rights Directive 2004/38/EC: ‘the host Member State shall not be obliged to
confer entitlement to social assistance during the rst three months of residence or, where
appropriate, the longer period provided for in Article . . . .’
Solution
‘Bene ts of a nancial nature which, independently of their status under national law, are intended
to facilitate access to the labour market cannot be regarded as constituting ‘social assistance’
within the meaning of Article 24(2) of Directive 2004/38.’ [Joined Cases C‑22/08 and C‑23/08,
Vatsouras, para 45]
What is ‘social assistance’
[A]ll assistance introduced by the public authorities, whether at national, regional or local level,
that can be claimed by an individual who does not have resources su cient to meet his own
basic needs and the needs of his family and who, by reason of the fact, may become a burden on
the public nances of the host Member State during his period of residence which could have
consequences for the overall level of assistance which may be granted by that state’ (c-140/12
Brey, para 61)
Previously Worker
‘A national of another Member State who has undertaken university studies in the host state
leasing to a professional quali cation, after having engaged in occupational activity in that state,
must be regarded as having retained his status as a worker and is entitled as such to the bene t
of article 7 (2) of regulations no [492/11], provided that there is a link between the previous
occupational activity and the studies in question’ (C 39/86 Lair, para 39)
fifi fi fi fi fi fi fi ffi fi
, When examining whether the unemployment of the appellant in the main proceedings is voluntary
or involuntary, the national court may, in particular, take account of circumstances such as
practices in the relevant sector of economic activity, the chances of nding employment in that
sector which is not xed-term, whether there is an interest in entering into only a xed-term
employment relationship or whether there is a possibility of renewing the contract of employment.’
C-413/01 Ninni-Orasche, para 44.
•‘[I]t cannot be inferred from that nding that a national of a Member State will be entitled to a
grant for studies in another Member State by virtue of his status as a worker where it is
established that he acquired that status exclusively as a result of his being accepted for
admission to university to undertake the studies in question . In such circumstances, the
employment relationship, which is the only basis for the rights deriving from Regulation No
1612/68 [now Regulation 492/11], is merely ancillary to the studies to be nanced by the grant .’
(C 197/86 Brown, para 27.)
•The fact that the person entered the territory of the host Member State with the principal
intention of pursuing a course of study is not relevant for determining whether he is a ‘worker’
within the meaning of Article 45 TFEU and, accordingly, whether he is entitled to that aid under
the same terms as a national of the host Member State under Article 7(2) of Regulation
No [492/11]. C‑46/12 LN, para 51)
Equal Treatment and Vocational Training
Article 7.3 Reg 492/11: A worker ‘shall also, by virtue of the same right and under the same
conditions as national workers, have access to training in vocational schools and retraining
centres.’
What constitutes vocational training?
‘ANY FORM OF EDUCATION WHICH PREPARES FOR A QUALIFICATION FOR A PARTICULAR
PROFESSION , TRADE OR EMPLOYMENT OR WHICH PROVIDES THE NECESSARY TRAINING
AND SKILLS FOR SUCH A PROFESSION , TRADE OR EMPLOYMENT IS VOCATIONAL
TRAINING , WHATEVER THE AGE AND THE LEVEL OF TRAINING OF THE PUPILS OR
STUDENTS , AND EVEN IF THE TRAINING PROGRAMME INCLUDES AN ELEMENT OF
GENERAL EDUCATION .’ (C 293/83 Gravier, para 30)
Limits: ‘THE ONLY EXCEPTIONS ARE CERTAIN COURSES OF STUDY WHICH, BECAUSE OF
THEIR PARTICULAR NATURE, ARE INTENDED FOR PERSONS WISHING TO IMPROVE THEIR
GENERAL KNOWLEDGE RATHER THAN PREPARE THEMSELVES FOR AN OCCUPATION .’ (C
24/86 Blaizot, para 20)
Conclusion
Equal treatment of workers-conditions of employment, tax advantages, social
advantages, vocational training.
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