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L5 - Free movement of capital, perosn, services - Coggle Diagram
L5 - Free movement of capital, perosn, services
Provisons
Article 49 TFEU: freedom of establishment, allows EU nationals to work in another Member State in a self-employed capacity on a permanent basis.
Article 56 + 57 TFEU: free movement of services, allows EU nationals to provide or receive service in another MS.
Article 45 TFEU on free movement of workers, allows EU nationals to work in another member state in an employed capacity on a permeant basis. Seen as economically beneficial to internal market.
Article 21 TFEU - every citizen of the Union shall have the right to move and reside freely within the territory of Member States, subject only to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect.
Free movement of persons
These free movement provisions have direct effect. So, individuals can enforce these rights against the state and public bodies.
Requiremnts; hold nationality of a member state, have moved to another member state and have been or are enegaged in some economic activity in the MS thy have moved to.
135/08 ROTTMANN: CJEU, said it risked rendering Rottmann stateless which deprive him of being an eu citizen under art 20 TFEU, so court said it fell within EU law as it would deprive him of EU rights.
CARPENTER: CJEU said EU law applies when he only occasionally went to another MS to sell adverts in medical journals. Suggests it takes very little free movement for EU law to apply.
34/09 RUIZ ZAMBRANO: asylum seeker had to 2 children, these children were born in Belgium they got Belgium citizenship. Belgium tried to aport man, however, he was a third country national. However, CJEU said this was EU law, as refusing to grant Zambrano a work permit would deprive his children of the genuine enjoyment of the substance of their EU rights as they are EU nationals.
EU residence in a host state needs to be 'sufficiently genuinely' in an attempt to restrict ZAMBRANO.
281/06 JUNDT: economic activity is the decisive factor . Activity must not be provided for nothing, but no need for service provided to seek to make a profit.
who is a worker?
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KEMPF: a worker is someone who performs services for and under the direction of another for remuneration. CJEU said the motives which may have prompted a worker to seek employment in another Member State, do not matter.
66/85 LAAWRIE-BLUM
However, remuneration is interpreted very widely.
3 step test to define a worker, They must: during a certain period of time perform services for, and under the direction of another, for which he receives remuneration.
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equal treatment
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BOSMON- found that the rule breached Article 45 TFEU because it is a directly discriminant measure against foreign players and directly discriminatory measures can only be justified based on Article 45 (3) TFEU if it's public policy, security or health.
not just ms that has to respect FM, its also private bodies and individuals.