Lecture IV: Workers

What is a worker?

Lawrie Blum

Includes part time and low paid work

Job seeker

Must have reasonable chance of finding a job

Directive 2004/38

Van Duyn

art 45 TFEU has direct effect

Bosman

45 TFEU can apply to private entities regulating employment collectively

Angonese 

art 45(2) has horizontal direct effect 

Restriction types

• Access to work

• Equal treatment within employment

• Non-discrimination obstacles to free movement (Bosman)

Justifications

45(3) TFEU

Mandatory Requirements (consumer protection, sports policy)

Applicability 45 TFEU

• About workers?

• Harmonization? If not…

• Cross border element?

• Defendant within personal scope?

Material Scope 45 TFEU

Des the measure restrict free movement of workers?

Justifications 

• Grounds under 45(3) or MR? 

• for MR, is it indistinctly applicable? 

• Is the measure proportionate?

Saunders

Wholly internal situations not covered

Regulation 492/2011

• Access to employment

  • job application

  • language requirement

• Conditions of employment

  • social advantages

  • housing

• Rights for family members

Does NOT apply to returning nationals!

Directive 2004/38

• Right of residence

  • staying >3 months

  • permanent residence

• Retention of worker status

  • illness

  • unemployment

• Expulsion/public policy/security/