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Clause 45 Article 45 is split into four subsections, particularisation the extent of the right to freedom of motion for workers. All subsection has accepted significant examination and refinement over the years, as A result of some ECJ rulings and secondary EU lawmaking. Subsection 1 notes the freedom itself.
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What are the subsections of Article 45?
Article 45 is split into four subsections, detailing the extent of the right to freedom of movement for workers. Each subsection has received significant examination and refinement over the years, as a result of both ECJ rulings and secondary EU legislation. Subsection 1 notes the freedom itself.
What did the ECJ say about Article 45?
The ECJ has specifically noted, in Allué and Coonan v Universit degli studi di Venezia[15] that Article 45 (2) extends beyond matters directly concerning employment, but instead includes any condition which might make the employment of EU workers less favourable than domestic citizens.
Are there any exceptions to art 45 ( 4 )?
As a result, this exception could potentially limit non-national workers from entering the state. In the case of Sotgiu [ 4] the ECJ held that Art 45 (4) does not apply to all employment within the public service only certain activities involving the exercise of official authority.
What does Article 45 of the TFEU say?
To this end, Article 45 of the TFEU lays out the legal protection that workers receive from the EU when pursuing employment in other Member States. Article 45 Article 45 is split into four subsections, detailing the extent of the right to freedom of movement for workers.
Last Update: Oct 2021
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