Is it a breach of EU law to require large city teachers to live in the surrounding area?
Maria being a worker means she is entitled to the rights under Article 45, which prohibits discrimination based on nationality in employment. Moreover, for this, they have the freedom to accept employment and move freely. Regulation (EU) No 492/2011, any national ‘shall irrespective of his place of residence,’ be able to take up employment within another member state. There are two forms of discrimination. Firstly, there are direct distinctly applicable measures. These are measures which are explicitly discriminatory about the employment of nationals from other member states. This violates Article 45.
Indirect discrimination occurs when the measure applies without distinction on nationality but indirectly discriminates against workers from other member states by putting them at a disadvantage. This requirement is a form of indirect discrimination, as it doesn’t specify other nationalities can’t have the job, but specifying the location puts other member state nationals at a disadvantage. Article 45 is breached as the discrimination isn’t explicit, but basically reserves the job for nationals.
The justification fails to be categorized as a general interest justification. These restrictions are allowed when they pursue a ‘legitimate objective in the public interest’ and is proportionate. This measure is arguably not proportionate as ensuring teachers are residents to ensure they’re familiar with the local conditions, doesn’t appear to have a specific objective aim to benefit the public. This restriction can’t be justified as there is no clear link between objective and measures.