Chapter 19 Self-Test Questions

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

Article 21 TFEU correct incorrect

all secondary legislation implementing Article 21 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

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

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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 marginal

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

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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)?

Student was a worker and became voluntarily unemployed

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

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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)?

Student was a worker and became involuntarily unemployed

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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. 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 France. 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 French 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

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. What are the current sources for the derogations to the free movement of persons? Please select all that apply.

Article 45(3) TFEU correct incorrect

Article 36 TFEU correct incorrect

Article 52 TFEU correct incorrect

Directive 64/221 correct incorrect

Directive 2004/38/EC correct incorrect

Article 53 TFEU correct incorrect

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. To restrict the movements of an EU citizen for important state interests he or she must represent a _______________threat.

Your response

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. On what grounds might the freedom of persons be limited?

public welfare correct incorrect

public policy correct incorrect

policy correct incorrect

public security correct incorrect

public health correct incorrect

health correct incorrect

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. Clarissa, a Greek national and a member of a sect which seeks the extermination of a rival sect, seeks entry into Portugal in order to find employment. The Portuguese government reject her application on the basis of her personal conduct as a member of that sect. Clarissa's rights as an EU worker cannot be derogated from.

True correct incorrect

False correct incorrect

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. Measures taken on the grounds of public policy or public security must be based exclusively on the ________ of the individual concerned.

Your response

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. A decision made by a Member State under Article 27 of Directive 2004/38/EC can be struck down if it does not give its reasons.

True correct incorrect

False correct incorrect

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. Select the correct answer to the following situation. The Austrian Bus Company (ABC) has a discount scheme for certain types of tickets bought by those travelling with at least one elderly person. Felix, an Italian national working in Austria, was a member of this scheme in order to assist with the movements of his elderly mother who lives with him. Felix dies. His wife, Maria, also of Italian nationality, applied to join the scheme to care for her mother-in-law. Maria is denied membership of the scheme on the basis that she is not Austrian.

This denial is acceptable under EU law because membership of the scheme is a social benefit: such benefits are not covered by the EU Treaties. correct incorrect

This denial is acceptable under EU law because the support of the elderly is a political choice and not a social right. correct incorrect

This denial is a breach of EU law because Maria had a right to remain in Austria and therefore was entitled to equal "social advantages". correct incorrect

This denial is a breach of EU law because EU law promotes the care of the aged. correct incorrect

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. The CJ has consistently drawn a distinction between the situation where a person has entered a Member State but __________and a person who is not currently working but has worked.

Your response

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. So long as the educational course is "vocational", EU nationals who are neither migrant workers nor the children of migrant workers living in the state in which the education is provided may claim equal access under equal conditions to nationals of the home state, even if the courses are financed or subsidised by the state as a matter of social policy.

True correct incorrect

False correct incorrect

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. Irrespective of nationality, the family members of a Union citizen who have the right of residence or the right of permanent residence in a Member State shall be entitled to _____________there'.

Your response

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. What is the material scope of Regulation 1408/71? Please select all that apply.

Sickness and maternity benefits and invalidity benefits correct incorrect

Social assistance correct incorrect

Medical assistance correct incorrect

Old-age benefits and survivor's benefits correct incorrect

Schemes for civil servants correct incorrect

Benefits in respect of accidents at work, occupational disease and unemployment benefit correct incorrect

Death grants and family benefits correct incorrect

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. What are the principles underlying Regulation 1408/71? Please select the one correct answer.

Non-discrimination on grounds of nationality and payment regardless of residence. correct incorrect

No overlapping of benefits balanced by aggregation from all member states correct incorrect

The single state principle and the principle of no disadvantage. correct incorrect

All of the options given are correct. correct incorrect

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. An economic migrant can bring a claim against his or her state of origin, not just his or host state, under Articles 45, 49 and 56 TFEU.

True correct incorrect

False correct incorrect