Chapter 20 Self-test questions

What kind of actions breach the prohibition on discrimination contained in Article 45 TFEU and Regulation 492/2011? (Please select all that apply)

Seniority being determined by national service carried out only in the host Member State.

A requirement that the best applicant for the job be awarded employment.

A limitation on the number of foreigners working in the host country's Foreign Ministry.

A form of increased pay as compensation for unsociable working conditions being determined by time spent outside of a given Member State.

The right of establishment covers all measures which permit or even merely _____________to another Member State and the pursuit of an economic activity in that State.

What are the limits on requiring proficiency in a language before employment or being allowed to offer a service? Please select all that apply.

Proportionality

Subjective justification.

There is a closed list of acceptable objectives to be pursued by any proficiency requirement

The means to test language proficiency must be fair and non-discriminatory

What are the terms of the "public service" exception of Article 45(4) TFEU?

Those that involve the exercise of official authority, like police officers as well as those engaged in culturally important jobs like teaching, health care and non-military research.

The relevant employees should safeguard the general interests of the state, including, essentially, the police, military and senior civil servants.

Member States have a discretion to label and therefore determine which positions are sufficiently connected to the state to come under the Article 45 TFEU(4) exception.

The fact that a high level of a post involves the exercise of official authority means that all levels of that post should come under the Article 45 TFEU(4).

Indirect discrimination in the free movement of persons and services can be objectively justified.

True

False

Discrimination does not include merely showing that a measure is more likely to affect migrants.

True

False

The problems Keck and its "certain selling arrangements" were trying to solve in the free movement of goods are paralleled in the free movement of persons and services by Graf and a test of___________ to the labour market.

What is excluded from the Services Directive? Please select all that apply.

Non-economic services of general interest

Economic services of general interest

small-businesses

broadcasting

social services

Electronic communication services and networks

Setting up a company in one Member State and then exercising the right to set up a secondary establishment is not ___________of the right of establishment, even though it may have the effect of circumventing incorporation requirements in the host Member State.

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