STEP 4: Is the discrimination justified?

4 important questions on STEP 4: Is the discrimination justified?

Explain the two main ways in which indirectly discriminatory measures can be justified under Article 45(3-4) TFEU OR Cassis?

  • Article 45(3-4) TFEU OR
  • Cassis exceptions - Bosman stated that the exceptions were relevant to FM of workers so long as it was 'a legitimate aim...justified for pressing reasons of public interest'.
    • Fiscal supervision
    • Protection of public health
    • Fairness of commercial transactions
    • Defence of the consumer
    • Protection of culture
    • Protection of environment

Explain the two main ways in which indirectly discriminatory measures can be justified under Article 45(3-4) TFEU OR Cassis?

  • Article 45(3-4) TFEU OR
  • Cassis exceptions - Bosman stated that the exceptions were relevant to FM of workers so long as it was 'a legitimate aim...justified for pressing reasons of public interest'.
    • Fiscal supervision
    • Protection of public health
    • Fairness of commercial transactions
    • Defence of the consumer
    • Protection of culture
    • Protection of environment

How did the ECJ narrow the scope of the words 'employment in the public service'  to include only a select number of roles in art. 45(4) in (Commission v Belgium)?

This included posts requiring a particular allegiance to the state (police, armed services and judiciary). Defined scope of the words in the test:
  • 'the exercise of powers conferred by public law'
  • 'safeguarding the general interests of the State'
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How did the ECJ narrow the scope of the words 'employment in the public service'  to include only a select number of roles in art. 45(4) in (Commission v Belgium)?

This included posts requiring a particular allegiance to the state (police, armed services and judiciary). Defined scope of the words in the test:
  • 'the exercise of powers conferred by public law'
  • 'safeguarding the general interests of the State'

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