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Free Movement of Workers - Coggle Diagram

- - - - Van Duyn UK allowed exclude scientologist from entering
      - Adoui & Cornuaile prosittutes deported - must be genuine and serious threat to fundamental interests of society and have some other genuine and effective measre
    - - Bonsigniour accidentally killed brother with gun, no criminal conviction - don't need criminal conviction to deport - personal condcut relavent
    - - Sotgiu v Deutsche Bundespost if its public service determine by EU court not memberstate
      - commission v Belgium function of post is what's important
      - Commission v France used at admission or not all can't be used later
      - commission v France quotas aren;t allowed
    - - Royer - must have opportunity to comply with administrative safeguards
      - Nana Yang allow in temporarily - investigation too long, allowed stay
    - - procedural requirements
        
        article 30 - notified in writing (reasons unless security risk and appeal procedure)
        
        article 31 - entitled to submit defence in person
      - can't deport for economic ends
      - based on personal conduct of person - previous criminal convictions insufficient
      - MS of origin allow re-entry
      - permanent resident requires serious grounds of public policy or security
  - - - angonese v cassa horizontal direct effect, binds private parties as well - aim is no discrimination in full labour market
  - - - no official definition - developed by case law
      - Levin getting minimium wage but below subsistence level - if genuine economic activity doesn't matter if can't life of it
      - kempf music teacher giving 12 lessons a week and supplementary social welfare - worker
        
        service of economic value
        
        subordination
      - Lawrie Blum music trainee teacher is a worker
        
        performing services
        
        period of time
        
        under direction of another
        
        remuneration
      - exceptions
        
        can't be artificially created by government
        
        Bettray drug rehabilitation scheme not effective and genuine activity
        
        pre-uni training - Brown part of study
    - - Antoninessen right to move freely and stay for reasonable period of time seeking employment - 6 months sufficient time to find work
      - equal access to employment, although need to be worker to benefit from social and tax advantages
      - directive 2004/38
        
        article 6 - right to residence for 3 months without conditions
    - - directive 2004/38 - includes partners
      - regulation 1612/68
        
        spouse, descendants (if under 21 or dependent
      - spouse
        
        Netherlands v Reeds spouse limited to marriage not co-habitation (although here dutch law entitled person in long term relationship as right to residence so was extended
- - - - Gebhard freedom to practice applied to profession services done temporarily althoug hfreedome of establishment requires permaent nature
        
        temporary based on duration, regularity, duration
        
        if a measure restricts any fundamental freedom must meet 4 criteria
      - what is a service
        
        remuneration
        
        Sodemar non-profit provider of service sufficient
        
        Deliege amateur sport, judo, received remuneration from sponsorship - remuneration even if not paid by organisers
        
        Geraets Smith dutch nationals went abroad for medical treatment, no prior-authorisation, reason for not providing service - objectivabely justifable -
      - provided in MS other then where service provider established
      - internal situation
        
        Debauve not applicable as all relavent elements in one MS
        
        Koestler French bank in france, but customer in Germany when termianted contract - cross-border
    - - entiled to establish oneself - same conditions as nationals
      - services directive
        
        Reyrners v Belgium Dutch national obtained legal qualification in belgiu, but refused admission based on nationality - discriminatory
      - contentious issue MS having to accept foreign qualification if equivacle to national one
      - doesn't apply to internal issues
        
        can't restrict own nationals from going abroad
        
        koors had relavent experience but denied worked - can't discriminate against own nationals who went abroad for qualification
      - what is a discrimination
        
        klopps refused access to Paris Bar because workin in another MS - ECJ indirect discrimination
        
        gebhard has to be justifed by imperative requirements, not go beyond what is necessary
  - - - if under directive and qualification not recognised opportunity to sit extra test
- - - - Viking Case ship incorporated in Finland, wanted to move Estonia, Finish trade unions threatened industrial action - ECJ- balancing general principles of fundametnal rights (collectiv action) and freedom of establishment - up to national court to balance
      - justifying restrictions
        
        52 TFEU
        
        health
        
        public policy
        
        security
        
        overriding requirements
        
        Gebhard
        
        non-discriminatory matter
        
        in general interest
        
        suitable for securing objective
        
        not go beyond what is necessary
        
        carpenter any restriction must respect fundamental rights
        
        legitimate reason
        
        Apothekerkammer des Saarlandes rule excluding non-pharmacists - MS could take steps to ensure pharmacists independent- commission offered no alternative
      - proportioante - Carpenters
- - - - in this case no general prohbition on lottery so not allowed - not illegal activity
- - - - security
      - health
      - public policy
    - - laval fundamental rights, right to take collectiv action ballanced with right to freedom of movements