The Bozkurt-Interpretation Rule and the Legal Status of Family Members of Turkish Workers under Decision 1/80 of the EEC-Turkey Association Council

2009 ◽  
Vol 11 (4) ◽  
pp. 367-382
Author(s):  
A.P. van der Mei
Keyword(s):  
Legal Status ◽  
Family Members ◽  
Case Law ◽  
Free Movement ◽  
Court Of Justice ◽  
Turkish Family ◽  
Free Movement Of Workers

AbstractSince the 1995 ruling in Bozkurt, as far possible, the Court of Justice has applied the leading principles governing free movement of workers in its case law on the legal status of Turkish nationals under Decision 1/80 of the EEC-Turkey Association Council. This article considers the implications of the Bozkurt-interpretation rule for the rights of family members of Turkish workers. Judgments such as Ayaz, Derin and Gürol reveal a gradual strengthening of the rights of Turkish family members, which enable them, like family members of Community workers, to integrate into the host State’s society.

scholarly journals Free movement of workers in the EU and occupational pensions

2017 ◽  
Vol 19 (2) ◽  
pp. 141-157 ◽  
Author(s):  
Marion Del Sol ◽  
Marco Rocca
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Free Movement ◽  
The European Union ◽  
Occupational Pensions ◽  
Minimum Standards ◽  
Court Of Justice ◽  
Free Movement Of Workers ◽  
The Eu ◽  
Cross National

The European Union appears to be promoting at the same time both cross-national mobility of workers and an increased role for occupational pensions. There is, however, a potential tension between these two objectives because workers risk losing (some of) their pension rights under an occupational scheme as a consequence of their mobility. After long negotiations, the EU has addressed this issue through a minimum standards Directive. Shortly before the adoption of this Directive, the Court of Justice also delivered an important decision in the same field, in the case of Casteels v British Airways. By analysing the resulting legal framework for safeguarding pension rights under occupational schemes in the context of workers’ mobility, we argue that the application of the case law developed by the Court of Justice in the field of free movement of workers has the potential to offer superior protection compared to the Directive. We also highlight the fact that the present legal framework seems to afford a much fuller protection to the intra-company cross-national mobility of workers employed by multinational companies, while also seemingly favouring mobility for highly specialised workers.

The Concept of ‘Worker’ in the Free Movement of Workers and the Social Policy Directives: Perspectives from the Case Law of the Court of Justice

2020 ◽  
pp. 203195252094533
Author(s):  
Vincent Février
Keyword(s):  
European Union ◽  
Social Policy ◽  
Case Law ◽  
The Other ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
The Social ◽  
Depth Analysis ◽  
Free Movement Of Workers

The Concept of worker is the gateway to the access to the protection of labour and social security law. The Court of Justice of the European Union first defined this concept in the field of the Free Movement of Workers in the Lawrie-Blum case. The scope of this article is to compare the definitions used by the Court in the fields of the free movement of workers and in the Social Policy Directives, in order to ascertain to which extent they can differ. Our in-depth analysis of the case law offers a nuanced picture. On one hand, it highlights that the Court tries to extend the application of the Lawrie-Blum formula to Directives which do not refer back to the national definitions of a worker, but that specificities remain in this area, like the emphasis on the link of subordination. On the other hand, for Directives referring to a national concept of workers, the Court began recently to state that, even if the competence of the Member States on this question must be acknowledged, it is not limitless.

Free Movement, Immigration Control and Constitutional Conflict

2009 ◽  
Vol 5 (2) ◽  
pp. 173-196 ◽  
Author(s):  
Steve Peers
Keyword(s):  
Family Members ◽  
Case Law ◽  
European Court Of Justice ◽  
Free Movement ◽  
Law Reform ◽  
Reverse Discrimination ◽  
Immigration Control ◽  
Community Law ◽  
Court Of Justice ◽  
European Court

European Court of Justice decision of 25 July 2008, Case C-127/08, Metock et al. v. Minister for Justice, Equality and Law Reform – EU citizens and their third-country family members – ECJ largely reverses Akrich case-law – Dividing line between national and Community competences on immigration – ‘Reverse discrimination’ not a matter of concern for Community law – Analysis of repercussions of decision on EU and national legal orders

Square Pegs and Round Holes: The Free Movement of Persons Under EEA Law

2017 ◽  
Vol 19 ◽  
pp. 165-186
Author(s):  
Christian NK FRANKLIN
Keyword(s):  
Free Trade ◽  
Case Law ◽  
Fundamental Principle ◽  
Free Movement ◽  
Trade Association ◽  
Eu Law ◽  
European Free Trade Association ◽  
Court Of Justice ◽  
Free Movement Of Persons ◽  
The Eu

AbstractWhilst the European Union’s aim of achieving an ‘ever closer Union’ is not an objective of EEA cooperation, homogeneity demands that we follow the same path: as the Union gets ever closer, so too does EEA cooperation, in light of the demands of the fundamental principle of homogeneity. This is particularly well demonstrated by looking at developments in the field of the free movement of persons. The case law of the Court of Justice of the European Free Trade Association (EFTA Court) in this field shows that in situations where homogeneity is put to the test, there seems little to suggest that a more national sovereignty-friendly approach has been adopted than under EU law. Notwithstanding the integral differences between the EU and EEA legal constructs, the EFTA Court has proven highly adept at keeping pace with EU developments in the field through a number of bold and creative interpretations of EEA law, and by using different tools to arrive at uniform conclusions.

22. Free Movement of Workers

EU Law ◽  
2020 ◽  
pp. 809-860
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Family Members ◽  
Legal Issues ◽  
Free Movement ◽  
Eu Law ◽  
Central Importance ◽  
European Court ◽  
Free Movement Of Workers ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law. The UK version contains a further section analysing issues concerning free movement of workers between the EU and the UK post-Brexit.

22. Free Movement of Workers

EU Law ◽  
2020 ◽  
pp. 781-831
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Family Members ◽  
Legal Issues ◽  
Free Movement ◽  
Eu Law ◽  
Central Importance ◽  
European Court ◽  
Free Movement Of Workers ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law. The UK version contains a further section analysing issues concerning free movement of workers between the EU and the UK post-Brexit.

21. Free movement: social rights

2020 ◽  
pp. 507-528
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Social Security ◽  
Free Movement ◽  
Social Rights ◽  
The European Union ◽  
Court Of Justice ◽  
The Social ◽  
Free Movement Of Workers

This chapter examines the social rights that arise as part of free-movement rights under Articles 21, 45, 49 and 59 of the Treaty on the Functioning of the European Union (TFEU). It highlights the extensive interpretation given by the Court of Justice (CJ) to these rights ensuring equality of treatment for those migrants who are economically active. As well as dealing with the provisions in the Citizens’ Rights Directive (CRD) (Directive 2004/38) and Regulation 492/2011 on the free movement of workers, the chapter deals briefly with the provisions relating to social security and EU citizenship.

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