ABSTRACT

Summary 612

23.1 Introduction 615

23.2 Vertical and horizontal direct effect of Article 39 EC 616

23.3 The scope of application ratione personae of Article 39 EC 617

23.4 The territorial scope of the application of Article 39 EC 618

23.5 The concept of a worker 619

23.6 The family of a worker 624

23.7 The principle of non-discrimination and beyond 628

23.8 Rights granted to workers and their families under Regulation 1612/68 632

23.9 Entitlement to study finance for EC migrant workers 640

Aide-mémoire 643

SUMMARY

1. The free movement of workers and their families is governed by Article 39 EC, which has been implemented by secondary legislation, in particular:

Regulation 1612/68 of 15 October 1968 on the free movement of workers within the Community, which governs access to and conditions of employment;

Directive 2004/38/EC of 29 April 2004 on the right of citizens of the European Union and their family members to move and reside freely within the territory of the Member States; and

Regulation 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community.