Essay – Ques 1
Question states that the free movement of persons is just for economic purposes. Argument: not all on economic purposes but also help to improve working conditions and opportunities and in conclusion both of these purposes. Functional interpretation
* The granting of individual rights are incidental and just a way of ensuring that the commodity of labour can be imported and exported to suit the demands of European capital and so that it can take advantage of the free market and can compete equally in attracting and securing labour. * Minimum interpretation of rights.
* No job seeker rights.
* Can discriminate in public services.
* Teleological approach
* This means that specific measures are interpreted in the light of the objectives and goals of the union and are not restricted by the literal approach.
It is clear that the court has gone far beyond literal or functional approach. Case law as example below =)
Art 45- The rights of workers had extended to unemployed people and job seekers. Antonnisson
* Job seeker can stay and search for jobs for up to 6 months. Lebon (???)
Workers extend to part time work.
Kempf v Staatsseccretaria van Justite
* COJ held that an individual who have genuine and effective part time employment cannot be excluded from the free movement rights accorded to workers merely because their income is lower than the minimum wage. Lawrie- Blum V Land Baden- Wurtemberg
* Clarification for meaning of worker.
* Essential feature of an employment relationship… is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration. Levin v Staatssecretaris van Justite
* Provided that work is effective and genuine and not purely marginal and ancillary * Part time worker is entitled to get worker rights.
Steymann v Staatssecreataris Van Justite...