Chapter 6 Interactive key cases
A German national living in the UK challenged the refusal to renew his residence permit on the ground that he was no longer economically active in the UK.
Baumbast had sufficient means and adequate sickness insurance. He had a continued right of residence in the UK, arising by direct application of [Article 21 TFEU].
Bettray participated in a drug-rehabilitation programme aimed at reintegrating people into the workforce.
Since the objective was rehabilitation, the work was not an ‘effective and genuine economic activity’.
The German authorities had ordered the deportation of Bonsignore, an Italian national, following his conviction for unlawful possession of a firearm and causing death by negligence.
‘Reasons of a general preventive nature’, based on ‘the deterrent effect’ on other non-nationals do not justify restrictive measures.
Belgian law reserved certain posts to Belgian nationals.
‘Public service posts’ defined as involving ‘the exercise of power conferred by public law’ where there is a ‘responsibility for safeguarding the general interests of the state.’
French provisions imposed a ratio of three French to one non-French crew members on ships of the merchant fleet.
France was in breach of the Treaty [Article 45(2) TFEU] and Article 4 of Regulation 1612/68 [now Regulation 492/2011].
Calfa, an Italian national, was convicted of drugs offences in Greece, sentenced to three months’ imprisonment, and, as required by national legislation applying to non-nationals, expelled for life.
Member States may adopt against nationals of other Member States measures which they cannot apply to their own nationals, on public policy grounds. However, automatic expulsion cannot be justified, since it takes no account of the woffender’s personal conduct.
Cristini, the Italian widow of an Italian migrant worker living in France, was refused a French Railways fare reduction card on grounds of nationality.
Regulation 1612/68 [now Regulation 492/2011] applies to all social and tax advantages, whether or not attached to an employment contract.
Non-EU citizen parents of EU citizens parents sought to take up residence as ascendants of Belgian nationals was refused.
Gerardo Ruiz Zambrano v Office national de l’emploi (ONEm) (Case C-34/09) [2011] ECR 1-1117 – Principle
Article 20 TFEU precluded national rules which would deprive the citizen of the substance of those rights.
Irish rules required lecturers in Irish vocational schools to be competent in the Irish language.
The requirement would be justified under Regulation 1612/68 [now Regulation 492/2011] provided it formed part of national policy to promote the use of Irish as the first official language under the Irish Constitution.
The national court sought clarification of the meaning of ‘worker’.
‘[The] essential feature of an employment relationship … is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration.’
Levin, a British national, lived in the Netherlands, where she worked part-time.
Provided work is ‘effective and genuine’ and not ‘purely marginal and ancillary’, a part-time worker is entitled to EU free movement rights as a worker. A person’s motives in seeking employment in another Member State are irrelevant.
Olazabal, a Spanish national of Basque origin, who had served a prison sentence in France following convictions for terrorism, was prohibited from residing in départements bordering Spain.
Where nationals of other Member States are liable to deportation from the host state they are also capable of being subject to less severe measures consisting of partial restrictions, even though the host state cannot apply such measures to its own nationals.
Orfanopoulos, a Greek national, was living in Germany where he had worked intermittently. He was convicted of drugs offences and sentenced to a term of imprisonment, followed by deportation.
Orfanopoulos and Oliveri v Land Baden-Württemberg (Cases C-482 & 493/01) [2004] ECR I-5257 – Principle
In assessing the proportionality of the penalty, the national court must take account of a range of factors, including the nature and seriousness of the offence, the length of residence in the host state, the time that had elapsed since the offences were committed, and the offender’s family circumstances. Proper regard must be had to fundamental rights, specifically to the right to family life guaranteed by Article 8 of the European Convention on Human Rights.
Royer, a French national, sought the right to remain in Belgium as a jobseeker.
Jobseeker rights of entry and residence were established.
A French national working in England was convicted of drugs offences. The magistrates proposed to recommend his deportation.
A previous criminal conviction can only be taken into account when ‘the circumstances which gave rise to that conviction are evidence of personal conduct constituting a present threat to the requirements of public policy’. This could only be the case where the individual concerned showed ‘a propensity to act in the same way in the future’.
Rutili, an Italian national resident in France, was a well-known trade union activist. The French authorities prohibited him from living in four particular départements.
Prohibitions on residence may be imposed only in respect of the whole of the national territory, unless nationals are subject to the same limitations. Otherwise, they amount to inequality of treatment and a breach of [Article 18 TFEU].
Steymann participated in the Bhagwan Community’s business activities but did not receive formal wages.
The fact that Steymann received no formal wages but only his ‘keep’ and pocket money did not rule out his work as an effective economic activity.
Trojani worked for around 30 hours per week as part of a Salvation Army ‘personal socio-occupational reintegration programme’.
To decide whether the work was real and genuine, the national court must ascertain whether the services performed were part of the ‘normal labour market’.
Van Duyn, a Dutch national who was refused entry to the UK on public policy grounds, maintained that her association with the Church of Scientology did not constitute ‘personal conduct’.