Workers

Front 1

Does Article 45 apply when a worker has been in a non-MS country?

Back 1

Yes so long as there is a sufficiently close link in int he employment relationship and in law, Peterson

Front 2

The prohibition of discrimination in work applies for states and also individuals

Back 2

Angonese

Front 3

The court has the ultimate say in what is the definition of a worker

Back 3

Hoekstra

Front 4

Article 45 can be relied on by an employer

Back 4

Clean Car Autoservice

Front 5

Article 45 can be relied on by a relevant third party

Back 5

ITC Innovative Technology Centre

Front 6

Why are part time workers recognised even if they earn below the minimum wage?

Back 6

Because the treaty is aimed at encouraging people to move and seek work to improve their standard of living, Levin

Front 7

When does treaty protection apply to part time work?

Back 7

Work that is for a genuine economic activity unless it is marginal or ancillary, Levin

Front 8

Why is it important for part time work to be acknowledged?

Back 8

Because of the dependence on part time work by women the elderly and the disabled, AG Slynn

Front 9

If you are working it does not matter how you may supplement your income

Back 9

Kempf

Front 10

What are the three defining features of work?

Back 10

1. For a certain period of time

2. Under supervision

3. For renumeration

Lawrie Blum

Front 11

Not being paid under conventional ways does not mean that you are not necessarily 'renumerated'

Back 11

Steymann

Front 12

Drug rehabilitation is not an economic purpose

Back 12

Bettray

Front 13

The activity must be real and genuine AND form part of the normal labour market

Back 13

Trojani

Front 14

Taking work that is to qualify you for an educational course does not entitle you to having the same social advantages as a worker

Back 14

Brown

Front 15

What are the rights of those that are seeking work?

Back 15

They are protected under 45 but they do not have full status and all the protection, Antonissen

Front 16

For job seekers they cannot enjoin certain rights such as unemployment benefits because they have never participated in the employment market

Back 16

Lebon

Front 17

You can fall under article 45 through indirect discrimination for example if an employer requires qualifications that you have already achieved elsewhere

Back 17

Commission v Portugal

Front 18

A language requirement may be indirect discrimination but it may be proportionate if there is a good reason such as the Irish language

Back 18

Groener

Front 19

Even if a measure applies equally to movement within the EU and with internationals it will still be against article 45 because it is hinders movement

Back 19

Bosman

Front 20

States cannot offer greater benefits at home so as to discourage citizens to move

Back 20

Terhoeve

Front 21

Article 45 cannot apply in a pruely internal sitaution but having worked in another MS that somehow effects your current claim is enough

Back 21

Terhoeve

Front 22

Why must the public service exception be construed narrowly?

Back 22

Because it takes up a large part of the industry and is especially useful in times of depression, Ag Mancini

Front 23

What are the two requirements for something to be seen to be in the public service?

Back 23

1. Position must involve the participation in the exercise of powers given by public law

2. Must entail duties designed to safeguard the interests of the state.

Commission v Belgium

Front 24

Giving advice on matters of public policy is a public service, however just because you can potentially do so does not make this a public position

Back 24

Commission v Italy

Front 25

To qualify for a public service exception you have to excercise the powers on a regular basis and cannot be merely a minor part of the activiities

Back 25

French Merchant Ships

Front 26

What is included under article 7(2) of the regulation?

Back 26

Includes all social and tax advantages, Cristini

Front 27

The purpose of the German childcare grant was primarily to help people work and afford to have children

Back 27

Reina

Front 28

A benefit based on recognition of time away due to war was not available to people from over MSs for a legitimate reason

Back 28

Even

Front 29

Can a child of a worker still qualify if they are over 21?

Back 29

Yes, and even if they are not dependant according to Gaal, it is however assumed that the children must have lived in that state with their period for some time before though

Front 30

What is the relevence of having a conviction in terms of expulsion under directive 2004/38?

Back 30

They in themselves do not constitute a reason but can be evidence of posing a present threat, Santillo

Front 31

What is the nature of 'imperative grounds' and how is it to be measured?

Back 31

They are considerably stricter than serious grounds and they are measured between the exceptional damage against the intergration of that person into the state, Tsakouridis

Front 32

For direct discrimination, you can only justify it by express derogations in article 45.3-4 of the TFEU

Back 32

French Merchant Ships

Front 33

For indirect discrimination you can rely on objective justifications

Back 33

O'Flynn

Front 34

Why can jobseekers be classed under workers?

Back 34

Because a strict interpretation of the treaty would jeopardize the actual chances that a national of a member state who is seeking employment will find it in another member state and it would make the provision ineffective. Antonissen

Front 35

What is the nature of the right of the job seeker to stay?

Back 35

this is up to the national courts but enough time must be given so that they can actually practice their right to look for a job. Six months is said to be enough. Antonissen

Front 36

jobseekers have no entitlement to tax and social advantages but they can seek jobseekers allowance if they can show that they are genuinely linked to the employment market of that sector

Back 36

Collins

Front 37

The article applies to conditions at work not only in direct and indirect discrimination in obtaining work

Back 37

Kalliope

Front 38

What counts as education given to workers themselves?

Back 38

Any form of education that prepare for a particular profession trade or investment and it may contain some element of general education, Gravier

Front 39

University is claimable for workers themselves

Back 39

Blaizot

Front 40

For expulsion the threat must be to some fundamental interest to society, breaking the law is not necessarily enough

Back 40

Bouchereau

Front 41

You can not expel someone for doing things that are not combated when it comes to your own nationals also

Back 41

Adoui and Cornuaille

Front 42

How do you balance the proportionality for expulsion?

Back 42

The seriousness of the offence versus the the personal circumstances of the person, Orfanopoulos