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Internal Market - Case Law


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  • free movement of workers
  • justification on grounds of public policy
  • Scientology
  • Tom Cruise
  • socially harmful

Van Duyn

[1974]

"Reasons for invoking public policy may vary from country to country and from time to time. The membership in an organization which is considered 'socially harmful' can be taken into account when the personal conduct of an individual is assessed."

  • free movement of workers
  • German Communist Party
  • no cross-border element

Moser

[1984]

"Since the case involved no cross-border elements, there was no link with EU law. Thus, Mr. Moser could not rely on Art. 45 TFEU."

  • free movement of persons
  • Citizens' Rights Directive [2004/38/EC] Art. 27(2)
  • past criminal conduct
  • possession of drugs
  • present and genuine threat 
  • fundamental interests of society

Bouchereau

[1977]

"Past criminal conduct can be taken into account, but only insofar as there is evidence of personal conduct that is a present threat to public policy OR if the individual concerned shows a propensity to act in the same way in the future. -- However, in Bouchereau case, the possession of drugs was not sufficient. Deportation on public policy grounds is only permissible in the presence of a genuine threat to public policy, affecting one of the fundamental interests of society."

  • free movement of workers
  • employers are within the scope
  • non-resident company manager
  • Austria

Clean Car

[1998]

"For workers to fully enjoy their rights to fair employment without discrimination, employers must also have the right to engage them under Art. 45 TFEU."

  • free movement of workers
  • part-time workers
  • effective and genuine activities
  • marginal and ancillary

Levin v Staats-secretaries van Justitie

[1982]

"Art. 45 TFEU includes part-time jobs, however, only effective and genuine activities are covered, meaning the work must be real and not purely marginal or ancillary."

  • free movement of workers
  • justification as per Art. 45 (4)
  • employment in public service
  • allegiance to the state - bond of nationality
  • traniee teacher

Lawrie-Blum

[1986]

"Only the jobs entrusted with the exercise of powers conferred by public law require the 'special relationship of allegiance to the state' represented by the 'bond of nationality'. A trainee teacher must be regarded as a worker as per Art. 45, as he/she performs work for remuneration, regardless of whether the work is 'of economic nature' or not."

  • free movement of workers
  • justification on ground of public security
  • Italian guy with an illegal pistol
  • famiglia
  • deportation

Bonsignore

[1975]

"A deportation order may only be made for breaches of the peace and public security which might be committed by the individual affected- general prevention with the aim of deterring others from criminal actions is not a sufficient reason for expulsion." 

  • free movement of persons
  • indirect discrimination 
  • medical schools

Bressol and Others

[2010]

"Quota application for non-resident students to certain medical university programmes creates a difference between resident and non-resident, and constitutes an indirect discrimination on the ground of nationality."

  • free movement of workers
  • job seekers
  • limitation to stay (6 months)
  • continues to seek a job 
  • has a genuine chance to find one
  • cocaine

Antonissen 

[1991]

"The right to move freely (Art. 45 TFEU) includes the right to enter and reside in a MS to seek employment. However, MS can require job seekers to find work within a reasonable time- such as 6 months. Yet, job seekers cannot be expelled if they prove they are continuing to seek employment and have a genuine chance to find one."

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