Freedom of workers

5 important questions on Freedom of workers

What are the seven steps for freedom of workers?

  1. Absence of lex specials or Secondary legislation
  2. Cross-border element
  3. Workers personal and material scope
  4. Prohibited measure( MS, collective association, private parties)
  5. Discrimination of restriction
  6. Justification
  7. Proportionality

3. Workers personal and material scope

  1. Art. 45,2 & 45.3 TFEU
  2. Definition workers in ECJ case Lawie-Blum:
    1. certain period of time
    2. performs services
    3. under direction of another person
    4. receives remuneration

Consider it as a worker!

4. Prohibited measure (MS, collective association, private parties)

ECJ Bosman: also private persons can prohibit measure + sport associations.
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Is a teacher as public service justified?

ECJ Lawrie-Blum: Which involve direct or indirect participation in the exercise of powers conferred by public law, teacher neither involves direct or indirect participation, therefore exempt from art. 45 TFEU

Restriction not compatible with EU law

Live in same country to hire?

ECJ Case Clean Car: residence requirements rather affects foreigners than nationals. Less restrictive measures possible. Since restriction in place is not proportion -> indirect discrimination.

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