Free Movement of Persons, Establishment, Services and Union Citizenship
Persons, establishment, services and citizenship
This domain tests the personal and economic freedoms and the citizenship overlay. You must identify the correct Treaty freedom, the beneficiary, the restriction and the justification.
Core rules
- Workers: Art 45 TFEU. Worker status requires genuine and effective activity, not marginal work (Lawrie-Blum); equal treatment and social advantages follow.
- Establishment: Art 49 TFEU covers self-employed persons and companies. Restrictions include non-discriminatory measures that hinder access.
- Services: Art 56 TFEU covers temporary cross-border provision. Gebhard justification requires non-discrimination, necessity and proportionality.
- Citizenship: Arts 20-21 TFEU give residence and equal treatment subject to Directive 2004/38 conditions; economically inactive persons need sufficient resources and health insurance (Dano).
- Derogations: public policy, public security and public health must be proportionate and based on individual conduct.
Worked example
An EU citizen moves to another Member State and works 12 hours a week in a bar. She claims a social assistance benefit. The national court asks whether she is a worker. Part-time work can suffice if genuine and effective; income level is relevant but not decisive. If she is a worker, she has equal treatment. If not, as an inactive citizen she may need sufficient resources, and the host State may refuse benefits where that condition is unmet.
Traps
Citizenship is not an unlimited right to reside and claim benefits. Public policy cannot be used for economic reasons. A company relies on establishment, not on Art 45 worker rights. Do not confuse services, which are temporary, with establishment, which is stable and continuous. Directive 2004/38 conditions still matter.