Chapter 19 Self-test questions

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Which sources of free movement rights are horizontally directly effective/directly applicable?

Article 19 TFEU correct incorrect

all secondary legislation implementing Article 19 TFEU. correct incorrect

Article 45 TFEU correct incorrect

Article 49 TFEU correct incorrect

Article 56 TFEU correct incorrect

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The Treaty does not extend the benefit of the free movement provisions to providers of services who are nationals of non-member countries, even if they are established within the Union and an intra-Union provision of services is concerned.

True correct incorrect

False correct incorrect

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The rights granted under Article 45 TFEU and the secondary legislation implementing it are granted to: [Please select all that apply]

EU nationals and their families. correct incorrect

To all new Member States upon their accession correct incorrect

third-country nationals. correct incorrect

workers who have exercised their right to move. correct incorrect

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The term 'worker' under 45 TFEU includes workers who are genuinely seeking work.

True correct incorrect

False correct incorrect

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What are the categories that the CJ seems to have adopted in dealing with EU citizens who seek host-state support for studies and what are their levels of free movement rights (FMR)?

Work undertaken was ancillary to another activity

entitlement depends on a link between prior work and current study area student retains worker FMR Not a worker so no FMR Not a worker so no FMR, but national courts determine this status

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Work undertaken was marginal

Not a worker so no FMR, but national courts determine this status entitlement depends on a link between prior work and current study area Not a worker so no FMR student retains worker FMR

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Student was a worker and became voluntarily unemployed

student retains worker FMR Not a worker so no FMR entitlement depends on a link between prior work and current study area Not a worker so no FMR, but national courts determine this status

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Student was a worker and became involuntarily unemployed

Not a worker so no FMR student retains worker FMR Not a worker so no FMR, but national courts determine this status entitlement depends on a link between prior work and current study area

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What are the requirements for establishment under Article 49 TFEU?

the provision of a service correct incorrect

remuneration to be paid to someone which could be the person seeking establishment correct incorrect

a relationship of subordination concerning the choice of that activity, working conditions and conditions of remuneration correct incorrect

the person exercising the right to establishment is responsible for all relevant matters correct incorrect

the movement of the applicant from one Member State to another Member State or non-EU state. correct incorrect

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Geoffrey is an avid collector of winged beetles. He believes he has the best collection in England. He sends photos of his collection to the Dutch Insect Institute in Amsterdam to be assessed for a fee, but they are intercepted at the UK customs as being suspicious items related to terrorism. Geoffrey has no right to receive the appraisal of his collection by the Dutch Insect Institute, though the Institute could bring such an action itself, as the provider of the service.

True correct incorrect

False correct incorrect

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What are the residence related rights bundled together in the free movement of persons?

to enter a non-Member State correct incorrect

to own land correct incorrect

to reside correct incorrect

to be free from extensive formalities in exercising the rights correct incorrect

to leave a non-Member State correct incorrect

to leave a Member State correct incorrect

to enter a Member State correct incorrect