Chapter 11 Self-test questions

. The meaning of 'worker' in EU law is to be found in the following…

The TFEU.

National legislation.

Case law of the Court of Justice.

Directive 2004/38.

. What principle is enshrined in Article 45(2) and re-iterated in Regulation 492/2011 in relation to workers?

Proportionality.

Supremacy.

Non-discrimination.

Mutual recognition.

. Which principle was established in the Bosman case?

Direct discrimination based on nationality is prohibited under Article 45 TFEU.

Indirect discrimination based on nationality is prohibited under Article 45 TFEU.

Discrimination based on nationality may be objectively justified under Article 45 TFEU for reasons of safeguarding fair competition in professional sports.

Provisions which impede access to the employment market for workers may be prohibited under Article 45 TFEU, even if they do not directly or indirectly discriminate based on nationality.

. The public service exception in Article 45 (4) entails that… Please select all that apply.

Direct discrimination based on nationality towards employees in the public sector may be allowed.

Nationality quota are compulsory in the public service because it should be reflective of society.

Indirect discrimination based on nationality towards employees in the public sector may be allowed.

Nationality quota are prohibited in the public sector because it is part of the exercise of the Member State's sovereignty and therefore reserved for its own nationals solely.

. What status is established by Article 20 TFEU?

Citizenship of the Member States.

European Union citizenship.

Worker status.

Minor status.

. Who are family members for the purposes of Directive 2004/38? Please select all that apply.

Parents who are dependants.

Children who are dependants.

Siblings who are dependants.

Uncles or aunts who are dependants.

. All EU citizens have a right of residence for up to three months in another Member State. It is irrelevant whether they are economically active and whether they have sufficient resources and health insurance.

True

False

. On what grounds may Member States restrict rights of free movement of persons?

Economic grounds.

Environmental grounds.

Public policy, public security or public health.

Educational grounds.

. Which secondary legislation elucidates the scope of 'public policy, public security or public health'?

Regulation 492/2011.

Directive 70/50.

Regulation 2790/99.

Directive 2004/38.

. Which provision of Directive 2004/38 sets out the scope of the public policy and public security grounds?

Article 2.

Article 27.

Article 39.

Article 43.

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