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Free Movement of Workers (Citizenship (article 18 - no discrimination…
Free Movement of Workers
Citizenship
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Grzelczyk had citizens rights,
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Foerster requirement of being a resident for 5 years, lost maintenance grant for studying, not working whole time, member state allowed to impose a 5 year resident requirement - not fully integrated
Morgan German wanted to study in UK, not allowed export her student finance - right to export student grants
Commission v Austria tried to exclude Germans from coming into Austrian university, additional burdens for students with exams - indirect discrimination
purpose
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union - factors of production, allow workers to move between member states easily
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limitation
public policy, security, public health
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Direct effect
Commission v France certain % of crew must be on French ship, discriminatory, excluded members from other member states
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applies to
private persons
Angonese bilingual, certificate, discrimination
Commission v Denmark - all cars had to be registered - considered to be discrimination - very wide expansion
Worker
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rights
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Levin Brit living in Netherlands, married to a non-EU national, was getting mimimum wage, genuine economic activity. Motive irrelevant
Kemp - German music teacher giving lessons, not enough to support one self - gets support from public funds - court allows is a worker
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steymann german plumber who worked for a religious community, his payment was bed and board plus pocket money - was genuine work - played important role in commercial work of the community
Bettray women involved in drug rehabilitation scheme, not considered effective and genuine economic activity (had remuneration and supervision) - its only economic purpose was rehabilitation
Trojani worked in salvation army hostel (reintegration programme), return got bed and board, court gave person citizen rights - up to national court to decide if work was real and genuine
Antonissen need to encourage people to work - committed offence, not allowed be deported if seeking employment
students
Brown dual nationality, worked for 9 months, not entitled to all social advantages of being a worker due to the work being ancillary to his desired course of study
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requirements
Language requirements
angonese required certificate for dialect - difficult for people from other member states to get certificate
Groener netherlands person looking for position in Arts college, requirement of competence in Irish - was enforce part of policy to protect language
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Paradox
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Morson & Jhanhan dutch nationals in Netherlands, wanted to bring parents to Netherlands to join them, not possible as hadn't left home country
Singh indian married Brit in Germany, sought to return to UK, were allowed return
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Eind Dutch citizen brought child to live with him from outside EU, returned to Netherlands, treated as migrant, did have rights to bring non-EU family
marriage
M against L Nigerian living in Finland, married Finnish person, had child marries algerian - First child EU national - could rely on rights as EU citizens
S against M Ghanain living in Finland had child, got a divorce, custody of child, married person from Ghana, new spouse denied resident permit
directive 2004
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family consists of spouse, partners, direct descendants and ascending directly
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