Free Movement of Workers EU Law (Part I and II)
Condensed Notes:
Free Movement of Workers (Article 45 TFEU)
Key Provisions:
1. Prohibited Restrictions:
o Discrimination based on nationality.
o Restrictions on employment and related rights.
2. Rights Under Article 45:
o Freedom to accept offers of employment.
o Freedom of movement within Member States.
o Freedom to reside for employment or job-seeking purposes.
o Freedom to remain after employment ends (subject to
conditions).
3. Public Service Exception:
o Reserved for posts requiring allegiance to the state or
involving public authority functions.
Public Service Exception (Article 45(4) TFEU):
Scope:
Applies only to posts involving the regular exercise of public law
powers (e.g., police, judiciary).
Excludes commercial roles (e.g., public transport).
Criteria:
Posts must involve duties safeguarding national interests and be
exercised regularly.
Employment by private entities generally excluded.
Cases: Commission v Belgium, Commission v Italy.
Definition of a Worker (Lawrie-Blum Test):
1. Performs services for another.
2. Under the direction of that person (subordination).
3. For remuneration.
Additional Clarifications:
Part-Time Work (Levin):
Genuine and effective part-time work qualifies, regardless of income
level.
Supplementary income (e.g., social benefits) does not disqualify
worker status (Kempf).
Economic Activity:
Activity must be genuine and not marginal or ancillary
(Steymann, Levin).
Direct Effect of Article 45:
Vertical Direct Effect:
Enforceable against states (Walrave & Koch).
Applies even to employment performed outside the EU if connected
to an EU Member State.
Condensed Notes:
Free Movement of Workers (Article 45 TFEU)
Key Provisions:
1. Prohibited Restrictions:
o Discrimination based on nationality.
o Restrictions on employment and related rights.
2. Rights Under Article 45:
o Freedom to accept offers of employment.
o Freedom of movement within Member States.
o Freedom to reside for employment or job-seeking purposes.
o Freedom to remain after employment ends (subject to
conditions).
3. Public Service Exception:
o Reserved for posts requiring allegiance to the state or
involving public authority functions.
Public Service Exception (Article 45(4) TFEU):
Scope:
Applies only to posts involving the regular exercise of public law
powers (e.g., police, judiciary).
Excludes commercial roles (e.g., public transport).
Criteria:
Posts must involve duties safeguarding national interests and be
exercised regularly.
Employment by private entities generally excluded.
Cases: Commission v Belgium, Commission v Italy.
Definition of a Worker (Lawrie-Blum Test):
1. Performs services for another.
2. Under the direction of that person (subordination).
3. For remuneration.
Additional Clarifications:
Part-Time Work (Levin):
Genuine and effective part-time work qualifies, regardless of income
level.
Supplementary income (e.g., social benefits) does not disqualify
worker status (Kempf).
Economic Activity:
Activity must be genuine and not marginal or ancillary
(Steymann, Levin).
Direct Effect of Article 45:
Vertical Direct Effect:
Enforceable against states (Walrave & Koch).
Applies even to employment performed outside the EU if connected
to an EU Member State.
