Essay template!

Introduction: Mention a brief history of the Treaties – the four freedoms and then go on to explain further the original concept of free movement of workers (now free movement of persons) Under Article 45 (1) TFEU and a workers basic rights. I will mention briefly about what a worker is, highlighting equality of treatment and how subsequent directive/regulations is interpreted in relation to the worker and his family and whether an individual claiming rights fall under the scope of the Treaty.

Main Body: I will begin by emphasising that no definition of a worker is set out in legislation or the Article and how its definition has become known through selected case law;

 

Levin v Staatssecretaris van Justitie (Case 53/81) – starts the discussion on “worker” definition; part time work still considered The Kempf (Case 139/85) – part time “worker” still considered; discusses one of fundamental freedoms; person pursuing genuine and effective activity;  cannot be excluded form scope of Union rules;  introduced duration of allowed time for worker to seek job – must be considered where assessing whether employment was effective / genuine  and the Lawrie v Land Baden-Wurttemberg (Case 66/85) – introduces new definition of “worker” – reinforces idea of previous definition + adds characteristics to that definition. C-456/02 Trojani –v- Centre public d’aide sociale [2004] ECR I-7573 – Salvation Army hostel; performed various tasks for remuneration, – expands on the idea of a “worker”– assessment of worker – objective criteria

 

After this, I will speak about the workers rights under Article 45 and then go on to speak about

Article 45(2) TFEU prohibits discrimination – whether direct or indirect – against workers based on nationality. This provision may be used to challenge discriminatory national legislation and/or discriminatory employment policies.

Article 45(2) is horizontally effective and can be enforced against private employers (Angonese, Casteels v British Airways).

 

Art. 45 (3) – rights subject to limitations justified on the grounds of public policy; public security and health is the next topic to discuss 292/89 R –v- Immigration Appeal Tribunal ex parte Antonissen – protection of jobseekers (Art. 45) – 6 month limit (crucial)

C-138/02 Collins –v Secy State for Work and Pensions [2004] 3 WLR 1236 – ties in regulations, “habitual residents. Certain rights are also extended to family members of the worker

 

how the ‘public service’ is exempted from the freedom to work provisions by Article 45(4) TFEU.

The following are not employed in the ‘public service’: doctors (Schöning-Kougebetopoulou); nurses (Commission v France (Nurses)); teachers (Lawrie-Blum; Bleis);

Part B Workers from other EU countries have the right to the same social and tax advantages as a country’s own nationals. These might include fare reductions for large families on public transport, child benefits and minimum subsistence payments. 32/75 Fiorini –v- SNCF 1975 ECR 1085 Ministere Public –v- Even 1979 ECR 2019 (benefits after termination) Castelli –v- Belgium [1984]

Conclusion How the definition of a worker has changed Development of concept of “free movement of workers”, The scope of the Treaty;  who can claim rights under Art.45 ind and family

 

Bibliography

Lorna Woods, 2012. Steiner & Woods EU Law. 11 Edition. Oxford University Press.