Complete 12 pages APA formatted article: European Union business law. This forms the centrality of the European Union’s rules on the free movement of persons.
However, looking at the nature of the creation of the European Union, the laws on the free movement of persons were thought of to be applicable to only persons who moved to other member states to do economic activities like working3. However, in the landmark case of Van Duyn V Home Office4 it was identified that Article 45 of the TFEU had a vertical direct effect and hence, it could be enforced by any citizen of the European Union. It also applies to all legal relationships by members of the European Union5.
In the application of sub-section 2 of TFEU Article 45, a “worker” is a person who performs services of an economic value for and under the direction of another in return for remuneration6. Thus, there is a protection under this provision implies that a worker is protected from all kinds of discrimination that might exist in relation to his stay and continuous provision of services that he provides in another Member State.
Unemployed citizens of a Member State can enter another Member State in search of a job under Article 45(3). And to this end, a person could be in another Member State for a reasonable period of time in The State V Royer7 was defined to be a period of up to six months.
Family members of a worker in another Member State are also empowered by Article 2(2)(c) of Directive 2004/38 to live with their dependent children under the age of 21 and their dependent spouses who are not working. Article 10 of Regulation 492/2001 provides equal rights to these dependents connected to a person.
Article 2 of Regulation 1612/68 which was replaced by Directive 2004/38 guarantees the rights of spouses, registered partners, descendants and ascendants of EU nationals working in another Member State that is not their primary home8. However, they must show that these individuals or persons are their dependents9.