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Free movement of persons 2: Employment, social and education rights…

- - - - Direct discrimination prohibited - French Merchant Seamen - never justified
      - Indirect discrimination prohibited - Ugliola
        
        Unless objectively justified - Sotgiu Groener
      - Non-discriminatry obstacles to access to employment prohibited - Kraus Bosman
        
        Unless objectively justified - Kraus Bosman
        
        Extended to indistinctly applicable measures
        
        Public interest - 'pressing reasons' - proportionate
- - - - Doesn't include jobseekers - Collins
      - All social and tax advantages, whether or not attached to contract of employment" - Cristini
      - Can extend to worker's family
        
        Cristini - railway cards for large family if husband applied before death
        
        Inzirillo - diability benefits should be on same basis as French nationals
      - Must be granted because of status as worker or residence in national territory - Even
        
        Didn't extent to pension benefits granted to Belgian nationals who had fought in the war - that was on the basis of service not nationality
  - - - Arts 20 & 21 - Union citizenship #
      - Art 18 - non-discrimination on grounds of nationality
    - - Martinez Sala - grant of child allowance couldn't be based on residence permit
      - Grzelczyk
    - - D'Hoop
      - Collins
    - - Right to equal treatment of Union Citizens and their family members except for...
        
        Social assistance for first 3 months or longer if seeking employment - Dano
- - - - Article 7(3) Reg 492/2011 - "A workers who is a national of a MS shall, under the same conditions as national workers, have access to training in vocational schools and retraining centres"
      - Narrow definition of 'vocational school' - Brown
        
        Establishments which only provide instruction...
        
        Interposed between periods of employment
        
        Or closely connected with employment, particularly during apprenticeship
        
        Do not include universities
    - - Art 128 EEC Treaty - now Art 166 TFEU - common vocational traning policy capable of contributing both to the national economies and the common market
        
        Gravier then used as a foundation for establishing rights - discrmination on grounds of nationality prohibited
        
        Art 128 EEC/166 TFEU - Vocational Training Policy
        
        Art 18 TFEU - no discrimination on ground of nationality
        
        Gravier definition - education which...
        
        Prepares for a qualification for a particular profession, trade or employment OR
        
        Provides the necessary training and skills for such a profession, trade or employment
        
        Blaizot - university education generally fulfils conditions - unless general knowledge
    - - Art 10 Reg 492/2011 - admitted under the same conditions
        
        Casagrande - encompasses not just rules relating to admission, but also general measures intended to facilitate educational attendance
        
        Echternach - all forms of education including universities and technical colleges
  - - - Brown - fall outside Treaty - however...
        
        Lair - maintenance and training grant = 'social advantage' (Art 7(2) Reg 492/2011)
        
        Only a worker can claim - includes...
        
        Where in an employment relationship, OR
        
        Where there is a relationship between the purpose of the studies and previous occupational activity, or...
        
        Where has involuntarily become unemployed and is obliged by market conditions to undertake occupational training in another field of activity
        
        Brown - not entitled to grant where employment ancillary to studies
    - - Art 10 Reg 492/2011 - "admitted under the same conditions"
        
        Casagrande - extends to education grants
        
        Echternach - education grants = social advantages
- - - - Grzelczyck - general education now within Treaty
      - Bidar - extends to education rights
      - Forster - 5 years residence requirement ok (stops them becoming unreasonable burden)
  - - - Worker or self-employed (or retain status)
      - Family member of above
      - Permanent resident