LO5 AC5.1, 5.2,
5M1 5D1; 5D2
The meaning of a ‘worker’ – union legal concept, defined by the case law of ECJ, not the Treaty itself, broad definition from Lawrie – Blum case 66/85, others – Levin case 53/81, what is included – e.g, Case 196/87 Steymann, C-456/02 – Trojani, what is excluded – e.g., Case 344/87 Bettray, etc; the right of those seeking work – Case 292/89 Antonissen, Case C- 138/02 Collins, limitations.
The meaning of establishment – e.g., Case C-55/94 Gebhard; issue of self-employment, mutual recognition of qualifications, establishment of companies (art 54).
Rights of workers – equal treatment, prohibition of direct and indirect discrimination – scope, case law interpretation; issues of rights to social advantages v social assistance or social welfare – meaning, EU v internal issues.
Impact of vertical and horizontal effect on direct rights and claims by workers, procedures for challenges.
Derogation from free movements of person and from freedom of establishment – reasons, interpretation, the concept of objective public interest
EU citizenship – origin (art 20), constitutional significance, rights granted by the EU citizenship concept – collective enumeration of rights (art 20), right to move and reside freely within any EU member state (art 21), right to participate in municipal and EP elections (Art 22), rights to diplomatic protection (art 23), right to participate in the democratic life of the Union (Art 9-11), right to complain (Art 24); to whom in applies – Case C-650/13 Delvigne direct v indirect rights; impact of EU citizenship on statelessness.
The relationship between national, EU and Public International Law; specific issues regarding students and EU citizenship, rights of those not in employment; those with dual nationality and issues of third parties’ nationals and right to family unification; the Citizens Rights Directive.