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Worker Introduction 1, Family Rights 2, Social Rights 3, Social Rights 4 and Limitations 5

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Answer/Problem

Social Rights – Problem Question (p27) Outline Answer:

Part A.

• Briefly – Worker / Worker Rights – Who is a Worker? Art. 45(3) TFEU rights = (a) (b) (c) (d)

• Concept of a Worker -should know no real definition in Art 45 or Dir 2004/38.

• Lawrie-Blum concept of ‘worker’ has led to a wide interpretation of the term Levin

• To keep status = ‘having left his job is capable of taking another’: Hoekstra or Steymann, • Equal Treatment When You Lose You Job (i.e. to keep social benefits of a worker) Unintentionally – relation to Dir 2004/38 Art 7(3) he retains this status in some circumstances a-d (i.e. involuntary unemployed) vs Voluntarily – do you keep status Ninni-Orashe, Baumbast case. Art 3(1) 883/2004 Art 4(1)

• How long do you have to work to claim benefits – Monique Chateignier, Collins, Antonissen?

• Non-discrimination aspect of TFEU e Directive 2004/38

• Charter of Fundamental Rights of EU Article 34 (Social Rights) and 35 (Heath Care) – now enacted by Lisbon

Part B.

• Right of residence / Job seeker rights. Right to remain Art 45 (3) (a) Art 6 & 7 Dir 2004/38 3mth/6mth rule job seeker. Also must connect Dir 2004/38 with MS obliged or not = social rights (3mths!). Royer e Collins cases – Commission v Belgium

• Should notice – Dir 2004/38 provides for a right of residence after 5 years. • Right of residence. Right to remain further than 6 mths discussed in – Antonissen. General discussions maybe on not burdening the MS Art 14 (1)

• Job Seekers under Reg 883/2004 states and with regard to rights to social assistance (unemployment or sickness) Dir 2004/38 Art 24 and Art 14 (4) (b). Also must connect Dir 2004/38 with MS obliged or not (3mths) = social rights

• Derivative rights – 1612/68 (families not living under same roof) – Diatta e Reed + new rules under Dir 2004/38 – what about under 21 or is she a dependent (daughter?)

• Rights for Workers’ Families Reg 883/2004 has now interpreted widely by the ECJ = social rights of worker conferred to family members Commission v Belgium Art 2, 7, 24 and 10 Dir 2004/38

• Could she claim ‘sickness benefit’ under 883/2004? For looking after father? Hervein case • Charter of Fundamental Rights of EU Article 35 (Heath Care) – now enacted by Lisbon • Could mention health care 883/2004 – Commission v Luxembourg and Heinze.

Social Rights!

Some extra reading – a link to the Charter of Fundamental Rights of The European Union which is now part of  the Lisbon Treaty is HERE.