ABSTRACT

Explain the scope of Article 45 TFEU (formerly Article 39 TEC) Identify the different categories of persons that can benefit from the right to free movement of persons Discuss what is meant by an EU worker with reference to the case law Explain the concept of Union citizenship and identify the rights of a European citizen Discuss the significance and key features of Directive 2004/38 Explain how a Member State can limit the rights of free movement of persons on grounds of public policy, public security and public health

INTRODUCTION FREE MOVEMENT OF PERSONS

Workers Article 45 TFEU (formerly Article 39 of the EC Treaty) provides for free movement of workers. Secondary legislation provides for detailed rules governing the right of entry into the territory of a Member State to carry out an economic activity, the right to remain in a Member State after having been employed there, and the right to equality of access to and conditions of employment on the same basis as nationals of the host State. These rights are subject to exceptions contained in the Treaty concerning public policy, public security and public health, and an exemption in the case of public service. Limited rights have also been conferred on job-seekers.