Question 1

Which of the following posts will be regarded as being within the scope of the derogation contained Article 45(4) TFEU which states that the provisions of Article 45 TFEU&#10;A) A master of a private fishing vessel engaged in small-scale deep-sea fishing.&#10;B) A nurse in public hospitals.&#10;C) A judge.

Accepted Answer

Article 45(4) TFEU allows for derogations from the free movement of workers within the EU for employment in the public service. This typically applies to positions involving the exercise of official authority and the safeguarding of the general interests of the State, such as judges.

Question 2

Which of the following persons is likely to be deported by a host Member State on the grounds of public policy and public security?&#10;A) Hans, who until recently had no criminal record. Two months ago he shot his neighbour by accident. The weapon he used was a pistol he had illegally acquired. He was fined for this offence but no punishment was imposed for the accidental killing of the neighbour.&#10;B) James, who is a member of a terrorist group called&#10;C) John, who has been convicted for drug offences several times. As part of his last sentence the court held that John should be deported at the end of his sentence. Now, almost at the end of his sentence, John claims that he is a

Accepted Answer

James is a member of a terrorist group, posing a threat to public security and safety, which is a valid ground for deportation on the grounds of public policy and public security. Hans' offence is not serious enough to pose a threat to public safety or security, and John has already been convicted and sentenced according to the law.

Question 3

Which of the following measures is a host Member State not allowed to adopt under Directive 2004/38/EC?&#10;A) Issue a deportation order against a person who was diagnosed with tuberculosis (infectious disease caused by various strains of mycobacteria) one month after his arrival in the host Member State.&#10;B) Issue a deportation order against a person who has resided in the host Member State for 10 years or more.&#10;C) Issue a deportation order against a person who was convicted for a criminal offence specifying that such a person is excluded for life from the national territory.

Accepted Answer

Under Directive 2004/38/EC, a host Member State cannot issue a deportation order excluding a person for life from the national territory based solely on a criminal conviction. The directive requires that any expulsion decision must be proportionate and based on the personal conduct of the individual, which must represent a genuine, present, and sufficiently serious threat affecting one of the fundamental interests of society.

Question 4

Which of the following services are outside the scope of Directive 2006/123/EC?&#10;A) Healthcare and pharmaceutical services provided by health professionals to patients consisting of assessing, maintaining or restoring their state of health where those activities are reserved to a regulated health profession in the Member State where the services are provided.&#10;B) Healthcare and pharmaceutical services provided to health professionals or relating to enhancing wellness or to providing relaxation.&#10;C) Postal services.

Accepted Answer

Directive 2006/123/EC excludes healthcare and pharmaceutical services provided by health professionals to patients consisting of assessing, maintaining, or restoring their state of health where those activities are reserved to a regulated health profession in the Member State where the services are provided. Both options B and C are within the scope of the directive as they are not explicitly excluded.

Question 5

Which of the following persons is unlikely to have his professional qualifications recognized in a host Member State under Directive 2005/36/EC?&#10;A) Mark, a French national who obtained his diploma of bachelor in mathematics in Russia but now wishes to work in Estonia.&#10;B) George, a German national who obtained his diploma of bachelor in mathematics in Russia, and then worked for 7 years as a mathematician in Belgium and now wishes to work in the UK.&#10;C) Anthony, a British national who obtained his diploma of bachelor in mathematics in Belgium and now wishes to work in Poland.

Accepted Answer

Mark's professional qualifications are unlikely to be recognized in Estonia because he obtained his diploma in Russia, which is not an EU member state.

Question 6

Which of the following measures is in breach of Directive 98/5/EC on the right of establishment for lawyers who have obtained professional qualifications in the home Member State and wish to practice their profession on a permanent basis in any other Member State?

A) A requirement imposed on a lawyer to take a linguistic test proving that he/she is fluent in the official language/s of a host Member State as a pre-condition of registration with the competent authorities of the host Member State.
B) A requirement imposed on a lawyer to effectively and regularly pursue his/her practice in the law of the host Member State for three years if he/she wishes to use the title which is used by lawyers who obtained their professional qualifications in the host Member State title.
C) A requirement that a lawyer use the professional title which he has obtained in his home Member State.

Accepted Answer

Directive 98/5/EC prohibits any requirement to take a linguistic test as a pre-condition of registration with the competent authorities of the host Member State. Such a requirement would be in breach of the right of establishment for lawyers. The Directive also prohibits the requirement to pursue one's practice in the law of the host Member State for a certain period of time as a condition for using the title which is used by lawyers who obtained their professional qualifications in the host Member State. However, the use of the professional title obtained in the home Member State is allowed.

Deck 21: The Right of Establishment Articles 49-55 TFEU and the Right to Supply and Receive Services Articles 56-62 TFEU; and Exceptions to the Free Movement of Persons