EU Law HelpWatch
I am struggling to answer this question and was wondering if anyone could please help or guide me the right way?
'Migrant workers have equal rights/safeguards as nationals of the host Member State. This is due to the Court of Justice of the European Union's generous case law'. Critically discuss.
I have a strict word count so want to keep my answer focused on answering the question directly.
I was thinking of discussing:
- Article 45(3) TFEU
- Right to enter
- Right to leave
- Right to reside (without a job -3 months and with a job)
- Right to remain after losing a job
- Right of permanent residence
Points contradicting the statement:
- Jobs in the public sector are specifically excluded under Art 45(4) in order to restrict certain public sectors to their own nationals
- Regulation 1612/68 outlining obstacles to migrant workers - Member States are justified in witholding social assistance during the first 3 months of the worker's residence.
Am I going the right path or is there anything I am missing or irrelevant?
I'm also not sure whether mentioning the rights of family members and dependants would be relevant and the idea that Member States can refuse entry to a worker or require them to leave (Derogations from free movement of workers)?
Also, am I right to think that the question is talking about EU nationals rather than non-EU nationals?
Thanks in advance guys