Free Movement of Workers - Lecture 9 Article 45 TFEU: free movement of workers 1. Freedom of movement for workers shall be secured within the Union. 2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.' Lawrie-Blum Court found L was a 'worker' irrespective of the legal nature of the relationship, and set out 3 prong tests to determine worker status: 1 - performs a service for a certain period 2 - at the direction of another 3 - for compensation Part time work is not excluded but the work must be effective and genuine, not merely marginal and ancillary Article 45 (3)(a) To accept offers of employment made - How to get that job offer? Immigration appeal tribunal ex parte antonissen (Case C 292/89) [1991] ECR I-745 3 Mr Antonissen arrived in the United Kingdom in October 1984. He had not yet found work there when, on 30 March 1987, he was sentenced by the Liverpool Crown Court to two terms of imprisonment for unlawful possession of cocaine and possession of that drug with intent to supply. He was released on parole on 21 December 1987. The Court held: "It is not contrary to the provisions of Community law governing the free movement of workers for the legislation of a Member State to provide that a national of another Member State who entered the first State in order to seek employment may be required to leave the territory of that State (subject to appeal) if he has not found employment there after six months, unless the person concerned provides evidence that he is continuing to seek employment and that he has genuine chances of being engaged."
Levin v Staatssecretaris van Justitie (Case 53/81) [1982] ECR 1035 Mrs L, a UK national, married to a non-EU national, sought permission to live in the Netherlands. This was refused on the ground that she was not employed. She appealed whilst working part-time as a waitress. - The court held that "worker" includes a part-time worker, even when paid less than the national minimum wage, so long as the work is "genuine" and not marginal or ancillary. 16 It follows that the concepts of "worker" and "activity as an employed person" must be interpreted as meaning that the rules relating to freedom of movement for workers also concern persons who pursue or wish to pursue an activity as an employed person on a part-time basis only and who, by virtue of that fact obtain or would obtain only remuneration lower than the minimum guaranteed remuneration in the sector under consideration. In this regard no distinction may be made between those who wish to make do with their income from such an activity and those who supplement that income with other income, whether the latter is derived from property or from the employment of a member of their family who accompanies them."