European Law Summary
Week IV
Learning objectives:
Understand and be able to apply EU legislation regarding free movement of economically active
persons – with focus on workers.
Understand the change in status occurring when a person moves from being economically inactive to
active and can apply the appropriate legislation to the situation.
Introduction to the freedom of establishment and can distinguish between the free movement of
workers and freedom of establishment.
Free movement of workers in EU Law
EU concept of “worker”:
Defined at Union level, not by national law.
Formal aspect: whether someone is employed or self-employed.
Economic aspect: the nature, duration, and quality of the work.
Art. 45 TFEU – Free movement of workers:
Prohibits discrimination based on nationality in employment, pay, and working conditions. Grants to:
a. Accept job offers
b. Move freely between MS for work
c. Stay in another MS to work under local rules
d. Remain in that MS after employment
Art. 45 does not apply to employment in the public service.
Art. 45 can be directly invoked before national courts (Bosman, par. 93) – Direct effect.
The provision also applies between private parties (Angonese, par. 36) – Horizontal effect.
Distinction from freedom to provide services:
Free movement of workers – art. 45 TFEU: employment relationship, dependency on an employer.
Freedom to provide services – art. 56 TFEU: self-employed, independent service providers.
If the person moving cross-border is self-employed, then art. 45 TFEU does not apply – look at freedom
to provide services instead.
Roadmap – Free movement of workers
Art. 45 TFEU
STEP 1: EU citizen?
Art. 20 (1) TFEU – MS nationality
STEP 2: Can EU law be applied?
Personal scope:
o Natural persons: EU nationals.
o Legal persons: corporate seat.
Material scope:
o Cross-border element: not purely domestic.
o Economic activity: any genuine activity offering good/services.
o –> If both are present, EU law applies.
STEP 3: Do the provisions of art. 45 TFEU apply?
a. Who is a worker (Lawrie Blum)?
Community definition, national law.
3 criteria:
o Performs genuine work (not marginal or symbolic)
o Remuneration is received
o Work is done under direction of another (dependent relationship; not self-employed
Week IV
Learning objectives:
Understand and be able to apply EU legislation regarding free movement of economically active
persons – with focus on workers.
Understand the change in status occurring when a person moves from being economically inactive to
active and can apply the appropriate legislation to the situation.
Introduction to the freedom of establishment and can distinguish between the free movement of
workers and freedom of establishment.
Free movement of workers in EU Law
EU concept of “worker”:
Defined at Union level, not by national law.
Formal aspect: whether someone is employed or self-employed.
Economic aspect: the nature, duration, and quality of the work.
Art. 45 TFEU – Free movement of workers:
Prohibits discrimination based on nationality in employment, pay, and working conditions. Grants to:
a. Accept job offers
b. Move freely between MS for work
c. Stay in another MS to work under local rules
d. Remain in that MS after employment
Art. 45 does not apply to employment in the public service.
Art. 45 can be directly invoked before national courts (Bosman, par. 93) – Direct effect.
The provision also applies between private parties (Angonese, par. 36) – Horizontal effect.
Distinction from freedom to provide services:
Free movement of workers – art. 45 TFEU: employment relationship, dependency on an employer.
Freedom to provide services – art. 56 TFEU: self-employed, independent service providers.
If the person moving cross-border is self-employed, then art. 45 TFEU does not apply – look at freedom
to provide services instead.
Roadmap – Free movement of workers
Art. 45 TFEU
STEP 1: EU citizen?
Art. 20 (1) TFEU – MS nationality
STEP 2: Can EU law be applied?
Personal scope:
o Natural persons: EU nationals.
o Legal persons: corporate seat.
Material scope:
o Cross-border element: not purely domestic.
o Economic activity: any genuine activity offering good/services.
o –> If both are present, EU law applies.
STEP 3: Do the provisions of art. 45 TFEU apply?
a. Who is a worker (Lawrie Blum)?
Community definition, national law.
3 criteria:
o Performs genuine work (not marginal or symbolic)
o Remuneration is received
o Work is done under direction of another (dependent relationship; not self-employed
