Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Yvonne Watts v Bedford Primary Care Trust (Case C-372/04), EU:C:2006:325, [2006] ECR I-4325, 16 May 2006. The document also includes supporting commentary from author Noreen O'Meara.
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Yvonne Watts v Bedford Primary Care Trust (Case C-372/04), EU:C:2006:325, [2006] ECR I-4325, 16 May 2006
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Yvonne Watts v Bedford Primary Care Trust (Case C-372/04), EU:C:2006:325, [2006] ECR I-4325, 16 May 2006
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Yvonne Watts v Bedford Primary Care Trust (Case C-372/04), EU:C:2006:325, [2006] ECR I-4325, 16 May 2006. The document also includes supporting commentary from author Noreen O’Meara.
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María Martínez Sala v Freistaat Bayern (Case C-85/96), EU:C:1998:217, [1998] ECR I-2691, 12 May 1998
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in María Martínez Sala v Freistaat Bayern (Case C-85/96), EU:C:1998:217, [1998] ECR I-2691, 12 May 1998. The document also includes supporting commentary from author Noreen O'Meara.
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María Martínez Sala v Freistaat Bayern (Case C-85/96), EU:C:1998:217, [1998] ECR I-2691, 12 May 1998
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in María Martínez Sala v Freistaat Bayern (Case C-85/96), EU:C:1998:217, [1998] ECR I-2691, 12 May 1998. The document also includes supporting commentary from author Noreen O’Meara.
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18. Employer’s Liability
The liability of an employer to an employee has two aspects. There is liability to employees for harm suffered by them, and liability for harm caused by them in the course of their employment (vicarious liability, covered in chapter 19). Both represent forms of stricter liability. This chapter discusses the negligence law liability of employers, liabilities arising from statutory duties, and related aspects of social security law. It analyses the concept of the non-delegable duty in the employment context. It also discusses the implications for employer’s liability of reforms made to the law of breach of statutory duty in the Enterprise and Regulatory Reform Act 2013.
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22. Discrimination
This chapter examines European Union (EU) law on discrimination, including the definition of ‘discrimination’ and the limited possibilities of justifying it. The chapter provides an overview of EU provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). It also explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113 (sex equality outside employment), Directive 2000/43 (race equality) and Directive 2000/78 (non-discrimination on grounds of age, disability, religion and sexual orientation).
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21. Free movement: social rights
This chapter examines the social rights that arise as part of free-movement rights under Articles 21, 45, 49 and 59 of the Treaty on the Functioning of the European Union (TFEU). It highlights the extensive interpretation given by the Court of Justice (CJ) to these rights ensuring equality of treatment for those migrants who are economically active. As well as dealing with the provisions in the Citizens’ Rights Directive (CRD) (Directive 2004/38) and Regulation 492/2011 on the free movement of workers, the chapter deals briefly with the provisions relating to social security and EU citizenship.
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25. Discrimination
This chapter examines European Union (EU) law on discrimination, including the definition of ‘discrimination’ and the limited possibilities of justifying it. The chapter provides an overview of EU provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). It also explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113 (sex equality outside employment), Directive 2000/43 (race equality) and Directive 2000/78 (non-discrimination on grounds of age, disability, religion and sexual orientation).
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16. The right to an adequate standard of living
This chapter examines the right to an adequate standard of living in international human rights law. This is an example of a socio-economic right. It has many components in international law and so this chapter discusses issues such as the right to housing, food, water, and social security. To some commentators this right is the realization of ‘freedom from want’ as it ensures the basic necessities of life. Some elements have been well litigated; housing and forced evictions, for example. Understanding and realization of other elements are still emerging. During the COVID-19 pandemic, there has been a renewed understanding of the importance of the right to an adequate standard of living, especially housing and social security rights as well as the right to clean water.
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19. Citizenship: Rights of Free Movement and Residence
This chapter examines the European Union (EU) law concerning citizenship and the right of residence and free movement. It suggests that while citizenship provides a broad framework of rights, it is important to recognise the higher level of protection awarded to the economically active under Articles 45 (workers), 49 (establishment) and 56 (services) of the Treaty on the Functioning of the European Union (TFEU). The chapter also considers the link between migration and the rights claimed, and the underlying concerns about the abuse of Union law rights. It also considers the position of third-country nationals (who are family members or dependents of an EU national) and students. This chapter also examines the social rights that arise as part of free-movement rights under Articles 21, 45, 49 and 59 of the Treaty on the Functioning of the European Union (TFEU). As well as dealing with the provisions in the Citizens’ Rights Directive (CRD) (Directive 2004/38) and Regulation 492/2011, the chapter deals with social security and citizenship. This chapter also examines the European Union (EU) law concerning the free movement of persons and the limitations of this right on grounds of public health, public security, or public policy, including the ‘rule of reason’ and expulsion, refusal of entry or an entry ban due to criminal offences or other personal conduct. It considers the substantive scope of the derogation provisions and the procedural guarantees in the CRD applicable to EU citizens and their family members facing expulsion, refusal of entry or entry bans.
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10. Adequate Standard of Living
Asbjørn Eide and Wenche Barth Eide
This chapter examines the right to an adequate standard of living and its components, namely, the rights to food, housing, and health. The chapter analyses the meaning and key features of the right to an adequate standard of living and examines the normative content of that right and its components, namely, the rights to food, housing, and health. The chapter then explores the difficulties and special obligations in ensuring the right to an adequate standard of living for particular groups of people, addresses the relationship between the right to an adequate standard of living and other human rights, examines the question of progressive implementation of the right, and, finally, addresses the justiciability of the right to an adequate standard of living and the need for international action in its implementation.