Art. 45 TFEU: Rights as a Worker
1. Equal Treatment of Workers
Art. 7 Regulation 492/2011 (Workers Regulation):
• Abolition of Nationality-Based Discrimination:
◦ Equal Social and Tax Advantages: Art. 7 of Regulation 492/2011 ensures that workers from other Member States (MS) are treated equally to national workers regarding social and tax advantages. This regulation prohibits any form of discrimination based on nationality in employment conditions.
• Scope of Equal Treatment:
◦ Broad Inclusion: The principle of equal treatment encompasses a wide range of benefits and advantages that workers are entitled to, whether or not directly linked to their employment contract. This includes social assistance, social security benefits, and access to public goods and services.
◦ Objective Status and Residence: This principle applies to advantages granted to workers based on their status as workers or by virtue of their residence in the host MS. It aims to extend all welfare benefits to workers, irrespective of their nationality.
2. Right to Residence
Directive 2004/38 (Citizenship Directive):
• Art. 2(2):
◦ Family Member Rights: Directive 2004/38 provides a broad bundle of rights for the family members of EU citizens. This includes spouses, registered partners, direct descendants (children), and dependent direct relatives. These provisions ensure that family members of EU citizens also benefit from the right to move and reside freely within the EU.
• Temporary Incapacity:
◦ Retention of Worker Status: Workers who temporarily cannot work due to illness or involuntary unemployment after working for at least one year retain their worker status. This provision allows for continued protection under EU law even if employment is temporarily interrupted.
Art. 6:
• Right to Reside for Up to 3 Months:
◦ Conditions for Entry and Residence: EU citizens and their family members have the right to enter, travel, and reside in a host MS for up to three months with only a valid ID. During this period, they are not entitled to social assistance unless they are economically active.
Art. 7:
• Right to Reside for More Than 3 Months:
◦ Conditions for Extended Stay: To reside in a host MS for more than three months, an individual must be engaged in gainful employment, self-employed, a student, or self-sufficient with comprehensive sickness insurance cover.
Art. 7(3)(d):
• Vocational Training:
◦ Retention of Worker Status: An EU citizen can retain their worker status if they embark on vocational training related to their previous employment. This provision supports workers transitioning to new career opportunities while maintaining their rights.
Art. 14:
• Retention of Residence:
◦ Limitations: Residence rights may be retained provided that the person does not become an unreasonable burden on the social assistance system of the host state. This ensures that individuals do not rely excessively on state benefits.
3. Case Law on Worker Rights
• Meeusen:
◦ Student Benefits for Belgian Student in the Netherlands: The Court ruled that a Belgian student studying in the Netherlands, whose parents work there, could claim student benefits. This decision supports the idea that workers' families have rights to benefits that support their education.
• Hartmann:
◦ Status of German Worker in France: The ECJ held that a German worker who moved to France but did not leave their job in Germany retained the status of a migrant worker. This meant that the worker’s spouse could claim a child-raising allowance, as the benefit was considered to benefit the family as a whole.
• Allonby C-256/01:
◦ Self-Employed Status: The definition of a 'worker' was extended to cover self-employed persons in this case. The ECJ found that re-employment of former college lecturers under a self-employed scheme paid by a private independent company fell under the protection of Art. 45 TFEU.
Summary:
• Equal Treatment: Art. 45 TFEU and Regulation 492/2011 ensure that workers from other MS are treated equally to nationals in terms of social and tax advantages, including various welfare benefits.
• Right to Residence: Directive 2004/38 grants comprehensive rights to EU citizens and their families, facilitating movement and residence across MS. It also provides protections for workers during temporary incapacity and extends residency rights based on various conditions.
• Case Law: The ECJ has clarified the scope of worker rights, including benefits related to family status, vocational training, and the inclusion of self-employed individuals. This case law illustrates the application and extension of the free movement provisions to ensure fair treatment and protection for workers across the EU.