II. The free movement of persons

International and Comparative Law Quarterly

Volumn 53, Issue 2, 2004, Pages 479-487

  Lonbay, Julian ^a  

^a UNIVERSITY OF BIRMINGHAM   (United Kingdom)

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EID: 84895705854     PISSN: 00205893     EISSN: 14716895     Source Type: Journal    
DOI: 10.1093/iclq/53.2.479     Document Type: Article

References (59)

1. J. Lonbay ‘The free movement of persons’ (2001) 50 ICLQ 168.
2. COM(2001) 257 Proposal for a European Parliament and Council Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
3. COM(2003) 199 final; Amended proposal for a Directive of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (presented by the Commission pursuant to Art 250 (2) of the EC Treaty).
4. Case C-184/99 Rudy Grzelczyk v Centre public d'aide sociale d'Ottignies-Louvain-la-Neuve, [2001] ECR I-6193.
5. Under Art 1 of Council Directive 93/96 on the right of residence for students (OJ [1993] L317/59) entry is gained only by those students with, inter alia, ‘sufficient resources’ (Article 1). The Court found that the condition was exercised on entry and that later penury should not result in ‘automatic consequences’ or withdrawal of the offending student's residence permit (paras 42–43) which should happen only if they posed ‘unreasonable burdens’ on the State (para 44).
6. Case C-413/01 Franca Ninni-Orasche v Bundesminister für Wissenschaft, Verker und Kunst (judgment of 6 Nov 2003, not yet reported), where the Court emphasized the objective nature of the criteria defining a worker under EC law, and confirmed that the status of worker lingered enabling them to become students with full rights to any social advantages (para 35) though abuse of these rights would not be tolerated (para 36).
7. Case C-85/96 Martínez Sala [1998] ECR I-2691.
8. ECR, paras 34–5.
9. Case C-413/99 Baumbast v Secretary of State for the Home Department [2002] ECR I-7091, para 84.
10. OJ, English Special Edition 1968 (II) 475.
11. Joined cases 389/87 and 390/87 Echternach and Moritz [1989] ECR 723.
12. Above n 9, para 72. This was also utilized to bolster Art 49 EC in Case C-60/00 Mary Carpenter v Secretary of State for the Home Department [2002] ECR I-6279 to enable residence rights for a third country spouse of a service provider resident in her own Member State.
13. Case C-224/98 Marie-Nathalie D'Hoop v Office national de l'emploi [2002] ECR I-6191.
14. A few, for example, the previously agreed Dublin Treaty, have been adopted as Council Regulation 343/2003 (OJ [2003] L 50/1) establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national.
15. See Lonbay ‘Free movement of Persons in the EU: the legal framework’, in Arnull and Wincott (eds) Accountability and Legitimacy in the EU (Oxford OUP 2002) 437.
16. Case C-61/89 Bouchoucha [1990] ECR I-3551
17. Joined cases 3/97 and C-194/97 De Castra Freitas and Escallier [1998] ECR I-6747
18. Case C-108/96 Criminal proceedings against Dennis Mac Quen and others [2001] ECR I-837.
19. Case C-58/98 Josef Corsten [2000] ECR I-7919.
20. Case C-309/99 JCJ Wouters, JW Savelbergh, Price Waterhouse Belastingadviseurs BV v Algemene Raad van de Nederlandse Orde van Advocaten [2002] ECR I-1577.
21. Case C-294/00 Gräbner [2002] ECR I-6515.
22. Case C-153/02 Valentino Neri and the European School of Economics (ESE Insight World Education System Ltd) (judgment of 13 Nov 2003, not yet reported)). Section 216 of the Education Reform Act 1982 provides that approved bodies may provide courses in preparation for a degree ultimately being granted by a recognized body such as Nottingham Trent University.
23. See case C-439/99 Commission v Italy [2002] ECR I-305, para 21.
24. Case 263/86 [1988] ECR 5365.
25. Above n 21, para 41. See also Case C-145/99 Commission v Italy [2002] ECR I-2235, para 22.
26. ECR, para 45.
27. ECR, para 46
28. see also case C-439/99 Commission v Italy above n 22, para 23.
29. ECR, para 47.
30. COM (2002) 119 final (7 March 2002) Proposal for a Directive of the European Parliament and of the Council on the recognition of professional qualifications.
31. Proposal for a Directive of the European Parliament and of the Council on the recognition of professional qualifications, Art 4(3).
32. Proposal for a Directive of the European Parliament and of the Council on the recognition of professional qualifications, Art 15.
33. Case C-313/01 Christine Morgenbesser v Consiglio dell'Ordine degli avvocati di Genova, judgment of 13 Nov 2003, not yet reported.
34. Council Directive 89/48 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least 3 years' duration (OJ [1989] L 19/16)
35. as amended by Directive 2001/19 of the European Parliament and of the Council, (OJ [2001] L206/1).
36. Directive 98/5 of the European Parliament and of the Council of 16 Feb 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ [1998] L 77/36).
37. Case C-31/00 Conseil National de l'Ordre des Architectes v Nicholas Dreesen [2002] ECR I-663.
38. ECR, para 27.
39. Case C-232/99 Commission v Spain [2002] ECR I-4235, paras 22 and 25.
40. See Case C-234/97 Teresa Fernández de Bobadilla v Museo Nacional del Prado, Comité de Empresa del Museo Nacional del Prado and Ministerio Fiscal [1999] ECR 4773.
41. Above n 31, paras 57 and 58. Case C-110/01 Malika Tennah-Durez and Conseil Nationae de l'Ordre de Médecins (judgment of 19 June 2003, not yet reported) confirmed that ‘world-wide scope’ of the recognition rule in the context of medical qualification where Directive 93/16 is not explicit on this issue.
42. See case C-234/97 Teresa Fernández de Bobadilla v Museo Nacional del Prado, Comité de Empresa del Museo Nacional del & Ministerio Fiscal [1999] ECR I-4773
43. noted at (2001) 50 ICLQ 168.
44. Case C-340/79 [1991] ECR I-2357
45. re-affirmed in case C-238/98 Hocsman [2000] ECR I-6623.
46. Directive 2001/19, above n 32.
47. Case C-285/01 Isabel Burbaud v Ministère de l'Emploi et de la Solidarité (judgment of 9 Sept 2003, not yet reported).
48. JORF, 13 Mar 2000.
49. JORF, paras 71–8.
50. JORF, para 91.
51. JORF, para 92.
52. JORF, para 96.
53. The Court relied upon the oft-cited case of Kraus (Case C-19/92 [1993] ECR I-1663) which indicated that ‘any national measure which although applicable without discrimination on grounds of nationality, is liable to hamper or render less attractive the exercise by a national of a Member State the freedom of movement of workers, is an obstacle to that fundamental freedom guaranteed by the Treaty’.
54. ECR, para 99.
55. ECR, para 100.
56. See Case C-294/00 Gräbner [2002] ECR I-6515 para 39.
57. The French legislation moreover did provide an alternative route for public servants to be exempted from the ENSP entrance exam on grounds of experience in the public service. These candidates for public service must only complete a stage of one year following certain courses of the ENSP. Admittedly the scheme would not apply to Community nationals without adjustments and it also presupposes that candidates had sat an earlier competition for public service which would not be the case with a Community national. According to the Court, the alternative regime showed that alternative modes of recruitment were possible which were less restrictive than the ENSP exam and which would allow qualified candidates to have their specific qualifications taken into account. ECR, at §§106–9.
58. ECR, para 110.
59. ECR, para 111.