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ace considerable obstacles on the use of a product this can also infringe article 34 so in a 2009 case commission v italy the court of justice held that an italian law prohibiting motorcycles or mopeds pulling trailers infringed article 34 191 again the law applied neutrally to everyone but disproportionately affected importers because italian companies did not make trailers this was not a product requirement but the court reasoned that the prohibition would deter people from buying it it would have a considerable influence on the behaviour of consumers that affects the access of that product to the market 192 it would require justification under article 36 or as a mandatory requirement in 2002 rem koolhaas proposed barcode flag of europe caused uproar as it symbolised the eu becoming no more than a market economy for endless competitive consumption devoid of social values and rights it was not adopted in contrast to product requirements or other laws that hinder market access the court of justice developed a presumption that selling arrangements would be presumed to not fall into tfeu article 34 if they applied equally to all sellers and affected them in the same manner in fact in keck and mithouard 193 two importers claimed that their prosecution under a french competition law which prevented them selling picon beer under wholesale price was unlawful the aim of the law was to prevent cut throat competition not to hinder trade 194 the court of justice held as in law and in fact it was an equally applicable selling arrangement not something that alters a product s content 195 it was outside the scope of article 34 and so did not need to be justified selling arrangements can be held to have an unequal effect in fact particularly where traders from another member state are seeking to break into the market but there are restrictions on advertising and marketing in konsumentombudsmannen v de agostini 196 the court of justice reviewed swedish bans on advertising to children under age 12 and misleading commercials for skin care products while the bans have remained justifiable under article 36 or as a mandatory requirement the court emphasised that complete marketing bans could be disproportionate if advertising were the only effective form of promotion enabling a trader to penetrate the market in konsumentombudsmannen v gourmet ab 197 the court suggested that a total ban for advertising alcohol on the radio tv and in magazines could fall within article 34 where advertising was the only way for sellers to overcome consumers traditional social practices and to local habits and customs to buy their products but again the national courts would decide whether it was justified under article 36 to protect public health under the unfair commercial practices directive the eu harmonised restrictions on restrictions on marketing and advertising to forbid conduct that distorts average consumer behaviour is misleading or aggressive and sets out a list of examples that count as unfair 198 increasingly states have to give mutual recognition to each other s standards of regulation while the eu has attempted to harmonise minimum ideals of best practice the attempt to raise standards is hoped to avoid a regulatory race to the bottom while allowing consumers access to goods from around the continent workers edit v t e free movement of workers tfeu arts 45 48 free movement of workers regulation 492 2011 lawrie blum v land baden württemberg 1986 case 66 85 steymann v staatssecretaris van justitie 1988 case 196 87 trojani v centre public d aide sociale 2004 c 456 02 belgian football association v bosman 1995 c 415 93 angonese v cassa di risparmio di bolzano spa 2000 c 281 98 finanzamt köln altstadt v schumacker 1995 c 279 93 weigel v finanzlandesdirektion für vorarlberg 2004 c 387 01 hendrix v employee insurance institute 2007 c 287 05 geven v land nordrhein westfalen 2007 c 213 05 free movement of citizens directive 2004 38 ec gravier v city of liege 1985 case 293 83 metock v minister for justice 2008 c 127 08 vander elst v office des migrations internationales 1994 c 43 93 see eu law and free movement main article freedom of movement for workers since its foundation the treaties sought to enable people to pursue their life goals in any country through free movement 199 200 reflecting the economic nature of the project the european community originally focused upon free movement of workers as a factor of production 201 better source needed however from the 1970s this focus shifted towards developing a more social europe 202 free movement was increasingly based on citizenship so that people had rights to empower them to become economically and socially active rather than economic activity being a precondition for rights this means the basic worker rights in tfeu article 45 function as a specific expression of the general rights of citizens in tfeu articles 18 to 21 according to the court of justice a worker is anybody who is economically active which includes everyone in an employment relationship under the direction of another person for remuneration 203 a job however need not be paid in money for someone to be protected as a worker for example in steymann v staatssecretaris van justitie a german man claimed the right to residence in the netherlands while he volunteered plumbing and household duties in the bhagwan community which provided for everyone s material needs irrespective of their contributions 204 the court of justice held that mr steymann was entitled to stay so long as there was at least an indirect quid pro quo for the work he did having worker status means protection against all forms of discrimination by governments and employers in access to employment tax and social security rights by contrast a citizen who is any person having the nationality of a member state tfeu article 20 1 has rights to seek work vote in local and european elections but more restricted rights to claim social security 205 in practice free movement has become politically contentious as nationalist political parties have manipulated fears about immigrants taking away people s jobs and benefits paradoxically at the same time nevertheless practically all available research finds little impact of labour mobility on wages and employment of local workers 206 in angonese the court of justice gave horizontal direct effect to free movement so a bank could not refuse employment to a worker who lacked a bolzano language certificate 207 the free movement of workers regulation articles 1 to 7 set out the main provisions on equal treatment of workers first articles 1 to 4 generally require that workers can take up employment conclude contracts and not suffer discrimination compared to nationals of the member state 208 in a famous case the belgian football association v bosman a belgian footballer named jean marc bosman claimed that he should be able to transfer from r f c de liège to usl dunkerque when his contract finished regardless of whether dunkerque could afford to pay liège the habitual transfer fees 209 the court of justice held the transfer rules constitute d an obstacle to free movement and were unlawful unless they could be justified in the public interest but this was unlikely in groener v minister for education 210 the court of justice accepted that a requirement to speak gaelic to teach in a dublin design college could be justified as part of the public policy of promoting the irish language but only if the measure was not disproportionate by contrast in angonese v cassa di risparmio di bolzano spa 211 a bank in bolzano italy was not allowed to require mr angonese to have a bilingual certificate that could only be obtained in bolzano the court of justice giving horizontal direct effect to tfeu article 45 reasoned that people from other countries would have little chance of acquiring the certificate and because it was impossible to submit proof of the required linguistic knowledge by any other means the measure was disproportionate second article 7 2 requires equal treatment in respect of tax in finanzamt köln altstadt v schumacker 212 the court of justice held that it contravened tfeu art 45 to deny tax benefits e g for married couples and social insurance expense deductions to a man who worked in germany but was resident in belgium when other german residents got the benefits by contrast in weigel v finanzlandesdirektion für vorarlberg the court of justice rejected mr weigel s claim that a re registration charge upon bringing his car to austria violated his right to free movement although the tax was likely to have a negative bearing on the decision of migrant workers to exercise their right to freedom of movement because the charge applied equally to austrians in absence of eu legislation on the matter it had to be regarded as justified 213 third people must receive equal treatment regarding social advantages although the court has approved residential qualifying periods in hendrix v employee insurance institute the court of justice held that a dutch national was not entitled to continue receiving incapacity benefits when he moved to belgium because the benefit was closely linked to the socio economic situation of the netherlands 214 conversely in geven v land nordrhein westfalen the court of justice held that a dutch woman living in the netherlands but working between 3 and 14 hours a week in germany did not have a right to receive german child benefits 215 even though the wife of a man who worked full time in germany but was resident in austria could 216 the general justifications for limiting free movement in tfeu article 45 3 are public policy public security or public health 217 and there is also a general exception in article 45 4 for employment in the public service citizens edit v t e citizen rights sources teu arts 18 21 citizens rights directive 2004 metock v minister for justice 2008 c 127 08 sala v freistaat bayern 1998 c 85 96 baumbast and r v ss for the home department 2002 c 413 99 chen v home secretary 2004 c 200 02 ruiz zambrano v onem 2011 c 34 09 grzelczyk v centre public d aide sociale 2001 c 184 99 r bidar v london borough of ealing 2005 c 209 03 commission v austria 2005 c 147 03 dano v jobcenter leipzig 2014 c 333 13 see eu law see also citizenship of the european union beyond the right of free movement to work the eu has increasingly sought to guarantee rights of citizens and rights simply be being a human being 218 but although the court of justice stated that citizenship is destined to be the fundamental status of nationals of the member states 219 political debate remains on who should have access to public services and welfare systems funded by taxation 220 as of now union citizenship is criticised for being not inclusive enough and having failed to establish a truly borderless space of social solidarity 221 in 2008 just 8 million people from 500 million eu citizens 1 7 per cent had in fact exercised rights of free movement the vast majority workers 222 according to tfeu article 20 citizenship of the eu derives from nationality of a member state article 21 confers general rights to free movement in the eu and to reside freely within limits set by legislation this applies for citizens and their immediate family members 223 this triggers four main groups of rights 1 to enter depart and return without undue restrictions 2 to reside without becoming an unreasonable burden on social assistance 3 to vote in local and european elections and 4 the right to equal treatment with nationals of the host state but for social assistance only after 3 months of residence the berlin wall 1961 1989 symbolised a bordered globe where citizens of the soviet union had no right to leave and few could enter the eu has progressively dismantled barriers to free movement consistent with economic development first the citizens rights directive 2004 article 4 says every citizen has the right to depart a member state with a valid passport this has historical importance for central and eastern europe when the soviet union and the berlin wall denied its citizens the freedom to leave 224 article 5 gives every citizen a right of entry subject to national border controls schengen area countries not the uk and ireland abolished the need to show documents and police searches at borders altogether these reflect the general principle of free movement in tfeu article 21 second article 6 allows every citizen to stay three months in another member state whether economically active or not article 7 allows stays over three months with evidence of sufficient resources not to become a burden on the social assistance system articles 16 and 17 give a right to permanent residence after 5 years without conditions third teu article 10 3 requires the right to vote in the local constituencies for the european parliament wherever a citizen lives all eu citizens have the right to child support education social security and other assistance in eu member states to ensure people contribute fairly to the communities they live in there can be qualifying periods of residence and work up to five years fourth and more debated article 24 requires that the longer an eu citizen stays in a host state the more rights they have to access public and welfare services on the basis of equal treatment this reflects general principles of equal treatment and citizenship in tfeu articles 18 and 20 in a simple case in sala v freistaat bayern the court of justice held that a spanish lady who had lived in germany for 25 years and had a baby was entitled to child support without the need for a residence permit because germans did not need one 225 in trojani v centre public d aide sociale de bruxelles a french man who lived in belgium for two years was entitled to the minimex allowance from the state for a minimum living wage 226 in grzelczyk v centre public d aide sociale d ottignes louvain la neuve 227 a french student who had lived in belgium for three years was entitled to receive the minimex income support for his fourth year of study similarly in r bidar v london borough of ealing the court of justice held that it was lawful to require a french ucl economics student lived in the uk for three years before receiving a student loan but not that he had to have additional settled status 228 similarly in commission v austria austria was not entitled to restrict its university places to austrian students to avoid structural staffing and financial problems if mainly german foreign students applied unless it proved there was an actual problem 229 however in dano v jobcenter leipzig the court of justice held that the german government was entitled to deny child support to a romanian mother who had lived in germany for three years but had never worked because she lived in germany for over 3 months but under five years she had to show evidence of sufficient resources since the court reasoned the right to eq...
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