REGNRSG 105 Lecture Notes - Lecture 24: Primary And Secondary Legislation
Document Summary
Eu law chapter 11: free movement of persons. Historically: purpose of this = economic: persons = factors of production. But now: persons are humans free movement expanded: link between economic activity and free movement has become weaker. Art 45 tfeu: vertical and horizontal direct effect. Van duyn case: art 45 tfeu has vertical direct effect: can be relied upon by an individual against public authorities. Walrave and koch case: also has horizontal direct effect bc limiting the prohibitions in art 45. Tfeu to acts of public authorities would greatly reduce their effect and could create inequality in the application. Angonese case: the prohibition of discrimination based on nationality also applies to private employers. The article can be relied upon by a worker, but also by an employer. This is an autonomous eu concept which means its meaning is determined solely by eu law, without reference to national laws of the ms.
