Judging the Charter
The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of establishment and to provide services inany Member State
3. Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the Union.
Freedom to choose an occupation, as enshrined in Article 15(1), is recognised in Court of Justice case law. This paragraph also draws upon Article 1(2) of the European Social Charter, which was signed on 18 October 1961 and has been ratified by all the Member States, and on point 4 of the Community Charter of the Fundamental Social Rights of Workers of 9 December 1989. The expression "working conditions" is to be understood in the sense of Article 156 of the Treaty on Functioning of the European Union.
Paragraph 2 deals with the three freedoms guaranteed by Articles 26, 45, 499 and 56 of the Treaty on Functioning of the European Union, namely freedom of movement for workers, freedom of establishment and freedom to provide services.
Paragraph 3 is based on Article 153(1) (g) of the Treaty on Functioning of the European Union and on Article 19(4) of the European Social Charter signed on 18 October 1961 and ratified by all the Member States. Article 52(2) of the Charter is therefore applicable. The question of recruitment of seamen having the nationality of third States for the crews of vessels flying the flag of a Member State of the Union is governed by Community law and national legislation and practice.
Deutsches Weintor eG v Land Rheinland-Pfalz
Maistrellis v Ypourgos Dikaiosynis
Case Study - Easy digestible wine
Case Study - Paid parental leave for a judge with unemployed wife?