Eu Free Movement Of Person

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What is Directive 2004/38

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Applies to all EU citizens and their families in connection with the rights of free movement, preserves difference in status of economically active and non- economically active people for the first five years
Directive provides the scope of rights to free movement

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In what cases Member State can refuse entry or terminate the right to reside

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On the grounds on public policy, public security or public health

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What nationality is converted by rights to free movement

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Nationals by member state
Non EU nationals having relationship with a national of member state
Possibly an employment relationship with a company registered in a member state

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Define union citizen

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A person having nationality of a member state (directive 2004/38, Article 2(1)

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What law determine nationality

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Nationality depends on each member state own nationality law

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What nationals are included

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All member states plus Iceland, Liechtenstein and Norway

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Is there a right to move and reside freely

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Article 21(1) provides a right to move and reside freely subject to limitations laid down in the Treaties

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Who is the worker

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Court of Justice held the word "worker" has a community meaning. Necessary to show that work amounts to an effective and genuine ecomonic activity rather than one which is pure marginal and ancillary

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What activity is amounted to worker

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Effective and genuine economic activity rather than purely marginal and ancillary

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Is a part time job amounts to worker

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Yes, Levin case - part-time made in the hotel is a worker

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What are the essential characteristics of worker

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In case Lawrie-Blum
1. Performance of Services;
2. For or under direction of another;
3. For remuneration;
4. During a certain period of time

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In what case the Court defined essential characteristics of worker

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In case Lawrie-Blum
1. Performance of Services;
2. For or under direction of another;
3. For remuneration;
4. During a certain period of time

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How does the court interpret remuneration

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Remunaration -one of characteristics of worker. Broadly interpreted. In case Steymann -inclde keep and pocket money paid to the member of religious community

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If the primary purpose of work is social enjoyment - would it constitute work

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No. Subsided and non-economic work do not constitute genuine and effective economic activity (Bettray case)

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Will irregular nature and limited duration of the contract effect characteristics of worker

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Yes. Raulin case - on call contarct may fullfill the test for a "worker", but the court must take into consideration irregular natire and limited duraction of the contract

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Is the worker receives less than minimum wage would it be considered to fullfill the term a "worker"

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Yes, the minimum wage is irrelevan, if the work is effective and genuine economic activity (Kemps case)

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Is the original of the funds for remuneration or amount of remuneration essential for fullfill the term "worker"

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No

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What is the purpose of Article 45

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To encourage nationals of the Member States to move to work in other member states (moving not only for a job which there is a job offer but also looking for the job

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How long can the person stay in the member state looking for a job

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Cannot do it indefinetely, but can do it for reasonable time (Antonissen Case) (vary from three to six month depending on the member state

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How long does citizen of the member state stay in another state

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up until three months without any condtions attached (under Article 6 of Directive 2004)