Free Movement of Workers pdf PDF

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Free Movement ofWorkersDefinition of ‘Worker’: an EU ConceptThe court has now nad then insisted that the definition of a worker is a matter for EU Law and not national law: Hoekstra. The position is as follows: any person who pursues employment activities which are effective and genuine to the exclu...

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Thus there is a distinction between free movement of workers and that governing the free movement of goods, since the ECJ has made clear that Article 34 applies only to state measures and not to those adopted by private actors.

The Angonese case, subsequently went further and indicated that Article 45 is also horizontally applicable to the actions of individuals who do not have the power to make rules regulating gainful employment such as a single employer who refuses to employ someone on the ground of their nationality.

Court also ruled in Walrave and Koch and Bosman that the provisions of Article 45 are not just ‘vertical’ direct effect.

This was extended further in Boukhalfa, in which the court ruled that the article applied also to the employment of a member statenational which was entered into and primarily performed in a non-member country in which the national resided, at least as regards all aspects of the employment relationship which were governed by the legislation of the employing member state.

The ECJ in Walrave an held that Article 45 wou even where the work w outside the community as the legal relationshi employment was enter the community.

On the other hand, in Troja CPAS, although the ECJ le ultimatley the national cou decide whether his employ was real of genuine, it mad clear trhat the fact that soc reintegration was the main...