Economics 3364A/B Study Guide - Quiz Guide: Reverse Discrimination
24 Oct 2020
School
Department
Course
Professor
Document Summary
Public service exception: free movement shall not apply to anyone exercising a public service, art. 45 (4) tfeu: limited to employment in the private sector. It was for the courts to decide whether a position was a public service. 492/2011: concerns rights regarding employment, housing and social rights, art. 7 (2): social advantages this provision is used creatively by the court to create full equal treatment: all matters are related more or less to employment, but art. Court extensively to create full equal treatment in all aspects of a worker"s life: very limited protection for reverse discrimination. Freedom of establishment (by natural or legal persons: horizontal direct effect art. Free movement of services: horizontal direct effect yes, viking and laval, van binsbergen and s ger, no keck-like exceptions for workers and services regarding indirect/non-discriminatory measures, public service exception art. 62 tfeu: no secondary legislation specifying rights, must build directly upon art.
