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Free movement of workers and European citizenship - Coggle Diagram

- - - - EU concept of Worker
        
        Walrave case
        
        The term "worker" has an autonomous EU meaning, meaning it is defined by EU law rather than by individual Member States to ensure the freedom is not restricted unilaterally.
        A worker is a human person who exercises,
        has exercised or intends to exercise an
        economic activity.
        The concept of worker is completed by the Laurie Blum case, its adds to this definition the thing that is considered as the essential feature of an employement relationship.
        
        Laurie Blum case
        (Essential features of "worker")
        
        According to the Lawrie Blum case, the essential feature of an employement relationship, which is that for a certain peiod of time, a person performs services for and under the direction of another person in returm for which he receives remuneration.
        
        Specific cases considered "worker"
        
        2 more items...
        
        Exceptions on what is considered a worker
        
        Case Bettray and Case Trojani(rehabilitation = not "worker")
        
        This case states that activities pursued under nationel rules to provide work for the purpose of maintaning, re-establishing or developing the capacity for work of persons who, by reason of circumstances relating to their situation, are unable to take up employement under normal conditions cannot be regarded as an effective and genuine economic activity it it constitutes merely a means of rehabilitation or reintegration for the person concerned.
        It matter because being not considered means that the person does not benefits from the provided by the article 48 (1), for instance, moving freely in the MS territory in the scheme of its work.
        
        Extencion of the scope
        
        Are also included in the title of worker, without any special thing, so benefits from the "worker" status, the folowing cases:
        Workers who are nationals of the Member States ;
        Members of the worker's family (even if they are third-country nationals) ;
        Jobseekers, for a reasonable period of time, and persons who, at the end of that period, are still looking for work and demonstrate that there is a possibility that they will be hired (Commission/Belgium ) ;
        People temporarily unable to work as a result of illness or accident ;
        People in involuntary unemployment ;
        People pursuing professional training linked to their previous professional activity.
        
        Antonissen case
        
        The court established that the free movement of workers (enshrined in what is now Article 45 TFEU) is not limited to those who already have a job.
        It explicitly includes the right for EU nationals to move freely to other Member States and stay there for the purpose of seeking employment (Jobseekers).
        In the absence of specific EU legislation prescribing a timeframe, the CJEU ruled that it is not contrary to EU law for a Member State to require a jobseeker to leave if they have not found employment after six months.
        However, this is not an absolute deadline for expulsion.
        A Member State cannot require a jobseeker to leave after six months if the individual provides evidence of two things:
        They are continuing to seek employment.
        They have genuine chances of being engaged
      - Right to move freely, reside and stay in the
        territory of another Member State
        
        Right to move freely, reside and stay in the
        territory of another Member State.
        Right to enter and leave any MS :
        -Family members from third countries
        -EU citizens: ID card or passport; no additional formalities;
        Right to reside for > 3 months, provided that the requirements - worker
      - Prohibition of discrimination on grounds of nationality
        
        Non-discrimination covers access to employment; working conditions and social benefit
        Direct discrimination : Bosman.
        Indirect discrimination and other indiscriminately applicable measures : Bosman
        -National measures must be contrary to EU law if although the apply without distinction on grounds of nationality (ou seja, they are not discriminatory), they affect essentially or for the most part migrant workers (similar to the non discriminatory barriers that has for effect the hindering of intra comunity trades - MEQR)
        Art. 45 does not apply to the so-called “wholly internal situations”
        This is sometimes referred to as a situation of reverse discrimination, since its
        effect is frequently that national workers cannot claim TFEU free movement
        rights in their own MS, which workers who are nationals of other MS may
        claim.
        
        Bosman case
        
        Consagrated that the free movement of workers prohibits not only discriminatory national measures, but
        also those that, although not discriminatory, restrict access to the market.
        In other words, Provisions which preclude or deter a national of a Member State from leaving his country of origin in order to exercise his right to freedom of movement therefore constitute an obstacle to that freedom even if they apply without regard to the nationality of the workers concerned
        
        Possible justification
        
        Public interest, such as public administration, publichealth, public order and public security and proporcionate to the objective pursued.
        
        Comission v. Belgium
        
        THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO EMPLOYMENT IN THE PUBLIC SERVICE ' ' ARTICLE 48 ( 4 ) OF THE EEC TREATY REMOVES FROM THE AMBIT OF ARTICLE 48 ( 1 ) TO ( 3 ) A SERIES OF POSTS WHICH INVOLVE DIRECT OR INDIRECT PARTICIPATION IN THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW AND DUTIES DESIGNED TO SAFEGUARD THE GENERAL INTERESTS OF THE STATE OR OF OTHER PUBLIC AUTHORITIES . SUCH POSTS IN FACT PRESUME ON THE PART OF THOSE OCCUPYING THEM THE EXISTENCE OF A SPECIAL RELATIONSHIP OF ALLEGIANCE TO THE STATE AND RECIPROCITY OF RIGHTS AND DUTIES WHICH FORM THE FOUNDATION OF THE BOND OF NATIONALITY . ON THE OTHER HAND THE EXCEPTION CONTAINED IN ARTICLE 48 ( 4 ) DOES NOT APPLY TO POSTS WHICH , WHILST COMING UNDER THE STATE OR OTHER ORGANIZATIONS GOVERNED BY PUBLIC LAW , STILL DO NOT INVOLVE ANY ASSOCIATION WITH DUTIES BELONGING TO THE PUBLIC SERVICE PROPERLY SO CALLED
  - - - This refers to the ability of an individual to invoke Article 45 TFEU against the State or public authorities.
        Leading Authority: The sources cite the case Commission v. French Republic as an example of this principle. Application: If a Member State enacts legislation that discriminates against migrant workers (such as the maritime code issue in the cited case), a worker can challenge that State action based on their Treaty rights.
    - - This is a significant expansion of legal protection, allowing individuals to invoke Article 45 TFEU against private entities, employers, or professional organizations.
        Bosman (1995): Reinforced that private sports federations and clubs must comply with free movement rules. It clarified that Article 45 TFEU prohibits not only discriminatory measures but also non-discriminatory rules that restrict access to the market or deter a worker from leaving their country of origin