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FMOW - Coggle Diagram
FMOW
Art 45 TFEU protects EU workers from discrimination based on nationality
directive 2004/38 regulates Art 45 TFEU
Art 45 TFEU horizontal direct effect
Art 45 doesn't apply to wholly internal situations except
EU national Free Movement under Art 45 TFEU + return to MS of origin
not yet exercised Free Movement but wants to take up employment in another MS + is hindered by national law
Family members of EU workers may rely on EU law against worker's MS of origin
Art 45 + secondary legislation protect `
EU workers
Job seekers
Family members of those protected by Art 45
Retired workers + economically inactive
Restrictions under Art 45
Discrimination
Direct
indirect
non-discriminatory measures that impede FMOW
Justified
Art 45(3) TFEU
Overriding requirements
Legislative provisions on FMOW
Directive 2004/38
Reg 1612/68
Title 1
Title 2
Title 3
Note - repealed + replaced by Recast Reg 492/2011, Art 7(2) +(3) unchanged
Art 45 TFEU doesn't apply to employment in public services