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EU | Free Movement Of Persons

Personal Mobility: Worker Rights

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Personal Mobility: Worker Rights

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Treaty on the Functioning of the European Union (TFEU)

  • Article 45(1)TFEU: free movement of workers
  • Article 45(2) TFEU: no discrimination / on nationality


  • part time / effective & genuine economic activities (Levin)
  • even if require state benefits supplement (Kempf)
  • employment relationship / performs services under direction of another / indicator of worker status (Lawrie-Blum)
  • unpaid work / economic value to community (Steymann)
  • UK Court of Appeal / 6 months sufficient (Mohammed Barry)


  • covered by Article 45 TFEU / not unlimited / State can place restrictions (Antonissen)
  • Directive 2004/38: continuing to seek employment / & genuine chance of being engaged


  • direct discrimination (Bosman )/ indirect discrimination (Allue) / non-discriminatory restrictive effect (Bosman)
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Personal Mobility: Worker Rights

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Regulation 1612/68

  • Article 1: right to take employment
  • Article 6(1): not subject to discriminatory tests or criteria
  • Article 7(1): not treated differently grounds nationality / conditions employment
  • Article 7(2): equal social & tax advantages / as national workers
  • social advantage / beyond employment contract / applies to families in same way as nationals (Cristini v SNCF)
  • Article 7(3): equal access to training
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