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Free Movement of Workers, Internal Market Future Outlook - Coggle Diagram

- - - - Exercise of economic activity for remuneration
        Levin: earning less than min wage doesnt matter
        Steymann: indirect quid pro quo enough (must not be money)
      - Genuine and effective
        Antonissen: FMW includes job-seekers (limitations permited)
      - For and under the direction of another person
- - - - Right to access employment
        
        Art.3 General: Prohibits direct and indirect discrimination of workers
        
        art.4-6 specific
        no quotas, equal treatment
      - Right to exercise employment
        
        art.7 General conditions
        Relates to everything from when one is in active employment (contract lengths, rules on when one is promoted etc)
        
        art.7(2) same social advantages (broadly interpreted) -> contentious
        
        Hartmann 2007: about AUT woman requesting GER child benefits as husband worked in GER (1) moved but not for work -> Regulation still applicable? YES para 18 (2) Child raising allowance = social adv of worker? YES: Mr Hartmann as worker is the one who benefits from it BUT it benefits the family as a whole Still a social advantage for a worker, even though a family member applies for it (para 26) (3) Residence requirement justified? NO art.7(2) Reg jo art.45 GR leg allowed exceptions; Not consistent -> not proportionate ->not justied ->violation Art. 7(2)
        
        To prevent abuse allows certain justifications for restrictions: there must be a real link (just having a sporadic connection not enough) Collins C-138/02; Aubriet C-410/18
        -> Real Link Test
        
        art.7(2) same fiscal advantages
        
        Tax = MS competence applies based on residence but <-> equal treatment
        Court solves via step 2 and 3
        
        Step 2: only discrimination or also ‘obstacles’?
        Discrimination: is there a comparable situations (migrant working in the other MS, and paying tax there = comparable)
        Obstacles’? Mere fact of higher taxes?
        
        Step 3: economic justification grounds? (generally not acceped, but here sometimes allowed)
        
        arts.8-10 Specific: same conditions and benefits apply
- - - - Direct discrimination (distinctly applicable) i.e. based on nationality (e.g. Quotas, ratios of 2:1 national workers etc)
      - Indirect discrimination (indistincly applicable with discr. effect) e.g. residence requirements, national language requirements, national diploma requirement,…
        
        O'Flynn 1996: UK, funeral payment from Social Fund only ‘if the funeral takes place within the UK, she was former worker from IRE, claimed payment for burial of son in IRE - refused
        Scope: FMW applies also to former migrant worker
        Restriction: art.7(2) indirect discrimination para 18
        Justification: none
      - Other Restriction (indistinctly applicable obstacle)
  - - - Art.45(3) closed list of grounds
        +proportionality
      - Rule of Reason: case law based
        Open list of grounds (no econ justifications)
        +proportionality